GUY  OF  LOS  /^NGEUS^ 


GlfY  OF  LOS  ANQELES 
CITY  ATTORNEY'S  OFFICE 


jlJa^,J^'<       O-^^^L^ 


MUNICIPAL   CODE 


City  of  Rochester 


Volume    One 


CONTAINING    ALL    THK    CHARTER    LAW.    TOGETHER    WITH    THE 

SPECIAL  AND    GENERAL    ACTS    OF   THE    LEGISLATURE 

AFFECTING     ROCHESTER,     IN     FORCE 

UP    TO    JAN.     1,    1904 


compiled  and  kuited  kv 
Edward  R  .  Foreman 
formerly  asst.  corporation 
c:ounsel  and  secretary  to 
Mayor    A.    I.    Rodenbeck 


1904 


ENTERED  ACCOKDING  TO  ACT  OF  CONC.KESS  IN  THE  VEAK  NINETEEN  HI  NDKEl)  AND  K)l  k 

By  Edward  R.  Foreman 

IN    THE  OFITCE  OF   THE   LIIIKAKIAN  OF  CONGKESS  AT  WASHINtiTON 


[  IJf-ess  •of  Jolm'G.'NJo^e  Cotpdj-ation 
Rochester,  N.  Y. 


'       i'  <■    '  I  <^     c'  ••  ^  'rf    t        c 


INTRODUCTION 

The  citizens  of  Rochester  are  entitled  to  a  concise  presentation 
of  all  the  laws  and  ordinances  directly  governing  their  municipality. 
The  maxim  is  established  that  "  those  who  are  required  to  obey  the 
laws  should  have  the  opportunity  of  knowing  what  they  are."  With 
two  co-existing  charters,  numerous  special  and  general  laws,  and 
twelve  different  publications  of  ordinances  and  regulations,  the  local 
laws  of  Rochester  are  in  a  chaotic  condition.  No  previous  attempt 
has  been  made  to  reduce  these  scattered  provisions  to  a  code. 
Separate  publication  has  given  rise  to  general  confusion  until  it  has 
become  very  difficult  for  any  citizen  to  inform  himself  as  to  the  laws 
actually  in  force.  The  codiiication  of  all  laws  directly  affecting- 
Rochester  is,  to  apply  an  expression  cf  judge  Story's,  •' practicable 
and  expedient." 

A  brief  discussion  of  the  laws  and  ordinances  now  in  fcMXe  will 
help  to  make  clear  the  necessity  of  a  Municij^al  Code. 

The   City  of  Rochester  is  governed   directly  b\-  two  classes  of 

laws,  viz.:   FIRST,  Laws  Pa-sskd   my    ihe  Lecislature.  in  the  form 

^J         of    (A)   Charters,  (B)   Special,  or  (C)  General   Acts;    SECOND, 

Local    Ordinances  or   Regulations,    passed   under  authority    of 

^         existing  acts. 

^^  FIRST:      Laws  Passed   bj'  the  Legislature 

^  (A)     CHAR'i'LKS— Whitk   CiLXRrER 

^f^  The  (^)nstitution  of  the  State  of  New  \'ork  lias  dixidcd  the  cities 

V.  into  three  classes   according  to   population.      New  \'ork   and    HuHalo 

'.^     are  the  only  cities  of  the  first  class  :  Rochester.  Syracuse.  Albany  and 

Troy  are  the  only  cities  of  the  second  class  ;  all  other  cities  are  of  the 

third  class.     The  above  named  cities  of  the  second  class  are  governed 

bv    a    law    which    is   conimonlv  known    as    "  The   White  Charter."  so- 


iv  Municipal  Codk  ov    tiik 

Introduction 

called  from  Senator  Horace  White,  of  Syracuse,  who  introduced  the 
bill.  This  act,  entitled  "  ^//  act  for  ihe  gfl7rr;/;/ifnf  of  liflcs  of  the 
second  class"'  was  pa.ssed  in  1898  (  L.  1898,  Ch.  182)  and  became 
effective  Jan.  ist,  1900.  Since  the  \Miite  Charter  went  into  effect 
there  has  been  more  or  less  confusion  in  the  public  mind  as  to  just 
what  laws  were  left  in  force.  Man)-  supposed  the  new  charter 
repealed  all  existing  laws  and  was  the  only  statute  to  be  consulted. 
Such,  however,  was  not  the  case.  While  the  White  Charter,  by  a 
general  clause,  repealed  all  inconsistent  statutes,  it  did  not  repeal 
specitically  any  laws  affecting  cities  of  the  second  class.  On  the 
contrary  said  charter  declared  as  follows,  (White  Charter.  §  483)  : 
"Nothing  contained  in  this  act  shall  be  construed  to  repeal  any  statute 
of  the  state  or  ordinance  of  the  city  or  rule  or  regulation  of  the  board 
of  health  not  inconsistent  with  the  provisions  of  this  act  and  the  same 
sliall  remain  in  full  force  and  effect  when  not  inconsistent  with  the 
provisions  of  this  act  to  be  construed  and  operated  in  harmony  with 
the  provisions  of  this  act." 

The  result  of  this  clause  was  to  leave  in  effect  many  local  laws 
and  charter  provisions  in  each  of  the  cities  of  the  second  class. 
The  White  C'harter.  then,  is  only  one  part  of  our  local  law. 

Old  Chartkr 

Rochester  was  incorporated  as  a  cit}-  in  1834  (L.  1834,  Ch.  199). 
The  original  charter  was  \ariously  amended  up  to  1880  when  the 
legislature  passed  the  last  consolidation  act  entitled,  "  An  act 
to  further  amend  chapter  one  hundred  and  forty-three  of  the 
laws  of  eighteen  hundred  and  sixty-one,  entitled  '  An  act  to 
amend  and  consolidate  the  several  acts  in  relation  to  the  charter  of 
the  city  of  Rochester  '  and  to  consolidate  therewith  the  several  acts 
in  relation  to  the  charter  of  said  city."     (  L.   1880,  Ch.  14). 

Since  1880  the  original  city  charter  has  been,  amended  frequently, 
usually  with   reference   to   the   said  consolidation   act.     This  charter. 


City  of   Rochester 


Introduction 

commonly  referred  to  as  the  "Old  Charter,"  is  all  in  existence  except 
such  portions  as  are  inconsistent  with  the  White  Charter.  Rochester, 
therefore,  has  two  co-existing  charters  to  be  read  together,  the  White 
Charter  controlling. 

(B)     SPECIAL     LAWS 

The  legislature  has  passed  many  special  laws  affecting  Roch- 
ester which  are  independent  of  its  charter  law.  For  example,  our 
parks,  east  and  west  side  sewer  systems,  police  and  tire  department 
pension  funds,  the  protection  of  the  potable  water  supply,  the  collec- 
tion of  back  taxes  and  other  important  matters  are  regulated  by 
special  laws  not  a  part  of  the  charter. 

(C)  GENERAL  LAWS 
In  adition  to  the  charter  law  and  the  \arious  special  acts. 
Rochester  is  directly  affected  by  many  general  laws  such  as  'J'he 
General  Municipal  Law.  The  General  City  Law.  The  Labor  Law. 
The  Public  Health  Law.  'I'he  Civil  Service  Law.  The  Public  ( )fficers 
Law.  The  Election  Law,  etc. 

SECOND:      Local  Ordinances  and   Regulations 

By  the  terms  of  the  White  Charter  (§  12)  the  legislative  power 
of  the  City  of  Rochester  is  vested  in  tiie  common  council  giving  it 
authoritv  "  to  enact  ordinances  not  inconsistent  with  the  laws  of  the 
state  for  the  government  of  the  city  and  the  management  of  its 
business,  for  the  preservation  of  good  order,  peace  and  health,  for 
the  safety  and  welfare  of  its  inhabitants,  and  the  protection  and 
security  of  their  property."  However,  under  existing  laws,  the 
power  to  pass  ordinances  and  make  regulations  within  the  City  of 
Rochester  resides  in  various  other  bodies,  viz..  the  Board  of  Park 
Commissioners.  (L.  1S88.  Ch.  193,  $S  19,  24,  30  and  31):  the  Com- 
missioners of  Mount  Hope  Cemetery.  (L.  1880.  Ch.  14.  :?74:  as 
amended  L.  1892,  Ch.  190):  the  Commissioner  of  Public  Safety 
as   to    Health.   (White    Charter.    15231):   the   Commissioner  of  Public 


vi  Ml    \  h   I  I'M.    CoUK 

lutiodia'tion 

Safety  as  to  the  Police  1  )epartmenl.  (White  Charter.  «5  176); 
the  Coinmissioner  of  I'ul^lic  Safety  as  to  the  I'iie  Department  (  While 
Charter.  ^20\);  the  Commissioner  of  I'uhlie  Works  as  to  the 
Water  Works  System,  (White  Charter.  §110);  the  Examining 
Hoard  of  Plumbers.  (  (General  City  Law);  the  Hoard  of  Kducation  of 
the  City  of  Rochester.  (L.  18S0,  Ch.  14:  as  amended  L.  1.S9.S.  Ch. 
660  ):  the  Civil  Service  Commissioners,  (Civil  Service  Law  ). 

Acting  under  the  authority  of  the  laws  above  noted,  \arious 
regulations  and  ordinances  have  been  adopted  and  published. 
When  this  volume  goes  to  press,  there  are  in  existence  the  following 
separate  publications  of  ordinances  and  rules:  Ihe  Penal  and 
General  ( )rdinances  of  the  Common  Council,  the  ( )rdinances  of 
the  Park  Commissioners,  of  the  Health  Board,  of  the  Hoard  of 
Education,  of  the  Examining  Hoard  of  Plumbers,  of  the  Mount 
Hope  Cemeteiy  Commissioners,  the  Rules  (jf  the  Commissioner  of 
Public  Works  as  to  the  Water  Works,  of  the  Commissioner  of 
Public  Safety  as  to  the  Police  Department,  of  the  Commissioner 
of  I'ublic  Safety  as  to  the  Eire  Department,  the  Rules  of  the 
Common  Council  and  the  C'i\il  Service  Rules. 

Erom  the  above  statement  it  is  evident  that  a  Municipal  Code 
for  the  City  of  Roche.ster  would  be  divided  naturally  into  two  parts, 
viz.:  l-iKsr,  Laws  P.vsskd  i:v  ihk  LECisi.A'nKK :  Skaond,  Am. 
L(KAr  (  )ri)1nancks. 

It  has  been  deemed  wise  to  publish  these  two  parts  in  separate 
volumes. 

The  present   "  \olume  (  )nL' "'   j^resents  the    I- i  l\S  I'    I' A  K'l".  \iz. : 

AlJ.    OF     THK    ChAKIKK     LaW.    T()(;KIHKR     with       rill       SiKa  IAI.      AM) 

General  Acts  ok     riiK    LEcisi.ArrRK     \i'ik(  iim;     Koi  iiesikr,    in 

FORCE    Ul'    TO     LaN.     I  st.     1904. 

"  X'olume    'Iwo  ■'   should    contain    a   codification   of  Ai.i     Lo(  ai, 

(  )R1HNA.\CKS.     Rui.ES    AND     RE(;r  I.A  TIO.NS. 

//  /s  hoped  sincerely  that  this  work  may  prove  of  publie  service. 
Rochester.  X.  V.,  Eebruary  i8th.  1904  Ldward   R.   1-oreman 


p, 

\f;K> 

I- 

"-3 

-^4- 

-r.i 

62- 

-69 

70- 

-92 

93- 

124 

■-5" 

'56 

'57- 

•S3 

TABLE    OF   CONTENTS 

First  :        Charter  Law 

Aktki.k  Aktki.k  Hi;ai)IN<;s 

I.      Dkiixition  and  Application 

II.        DkP  ARTMKNI'    ok    LKdlSl.ATION     - 
III.        DKPAUTMKNr    OK     IHK    ExKCUTIVK     - 

l\ .  Dkpaktmkn  r  ok   Finance 

\'.  Dki-arimknt  ok    Pi  i!i,i(    Works     - 

\'I.  Dki'akimkni'  ok   Pup.i.k    Sakktv 

\'II.  Dki'akimknt  ok   Pui'.mc   Insiruction 

\'III.  I  )Ki'Ak  iMKN  r  OK   AssKssMENi"  AND  Tana  1  ION  184-257 

IX.  Deparimknt  of  Charkiies  ani>  Correction  258-2^1 1 

X.  Dei'artmkni    oi-    thk  JriiK  iak\          -         -      262-302 

XI\  .  Departmeni    ok    Law     -          -          -          -           303-306 

X\'.  SrpERVisoRs        ------                ^07 

X\  I.  Sealer  ok  \\'ei(;iits  and  Measires                         30S 

X\  II.  Miscellaneous    Provisions         -                           309~343 

Second:  Spkciai.  Laws  -  -  -  -  347-4SS 
Third  :  Tablk  oi-  Laws  Affectixc.  Cities 4.S9-493 
Fourth:  7\\hi.f  of  Cases,  Ivrc,  Cited  494  5 n 
Fifth:       Index    ------     s'.s  57s 

NoTK — Tlie  above  analysis  of  chaitei  law  of  the  city  of  Kochtsttr  is  not  a 
part  of  the  charter  as  enacted  by  the  legislature.  It  follows  the  original  article 
numbers  of  the  White  Charter  and  is  inserted  for  convenience.  It  will  be 
observed  that  .\rticles  Xl-XII  I.  inclusive,  are  missing  from  the  White  Charter 
as  enacted. 


MUNICIPAL    CODE 


OF     THE 


City  of   Rochester 


Charter  Law 


MEMORANDUM    ON    THE    WHITE 
CHARTER 

In  regard  to  the  White  Charter  the  Court  of  Appeals  has  said 
that  "  the  idea  upon  which  the  act  seems  to  be  based  emanated  from 
the  Constitutional  Conxention  of  1894"  ( Pryor  vs.  City  of  Rochester. 
166  N.  Y.  at  page  551).  The  constitution  adopted  that  year  classified 
the  cities  of  the  state  (State  Constitution,  Art.  XII,  §  2).  In  May,  1895. 
the  legislature  passed  an  act  authorizing  the  governor  to  appoint  a 
commission  to  prepare  and  report  a  law  for  the  government  of  cities  of 
the  second  class  (L.   1895.   Ch.  54cS).  as  follows: 

"  Section  1.  Within  five  days  after  the  passage  of  this  act  the 
governor  shall  appoint  live  persons,  one  each  from  the  cities  of  Albany. 
Rochester,  Syracuse  and  Troy,  and  one  from  the  state  at  large,  as 
commissioners  to  prepare  and  submit  on  or  before  the  tirst  da\"  of 
February,  eighteen  iiundrcd  and  ninety-six,  such  proposed  general  city 
laws  relating  to  the  properly,  affairs  or  government  of  the  cities  of  the 
second  class  and  the  several  departments  thereof,  and  such  proposed 
amendments  to  exi.sting  laws  relating  to  or  governing  either  or  all  of 
the  cities  abo\e  named  and  such  additional  general  cil\  taws,  as,  in  the 
opinion  of  such  commissioners,  are  proper  and  necessary  for  the  gov- 
ernment of  cities  of  the  second  class,  as  conteni|ilated  by  article  twelve 
of  the  re\ised  constitution. 

5^  2.  The  members  of  such  conunission  shall  recei\e  their  nece.s- 
sary  expenses  and  dishursenients  incurred  in  the  performance  of  the 
duties  herein  inipost'd  whin  the  same  are  |)roperl\-  audited  by  the 
comptroller  of  the  state,  and  the  same,  when  so  audited,  shall  be  paid 
on  warrant  of  the  comptroller  out  of  any  moneys  in  the  tr.a-.nn  not 
otherwise  approjiriated." 


Acting  unclcT  the  authority  of  this  act  Oovcrnoi"  Le\i  V.  Morton 
appointed  the  following  commissioners:  James  (1.  Culler,  to  repre- 
sent the  city  of  Rochester;  Alden  Chester.  Albany;  Michael  E. 
DriscoU,  Syracuse;  David  M.  Greene,  Troy;  and  ex-Chief  Judge 
of  die  Court  of  Appeals,  Robert  Earl,  Herkimer,  as  comniissioner-at- 
large  and  chairman.  Mr.  Chester  being  elected  justice  of  the  supreme 
court  before  the  work  of  the  commission  was  finished.  Arthur  L. 
Andrews,  Albany,  was  appointed  in  his  place. 

The  commission  held  public  hearings  in  each  of  the  four  cities 
affected,  and  reported  to  the  legislature  on  Eebruary  4,  1896. 
(Senate  Documents,  1896,  Vol.  ^^  No.  24). 

Witii  the  report  was  .submitted  a  proposed  act  embodying  their 
ideas.  The  report  was  unanimous  except  that  Mr.  C'onimissioner 
Earl  tiled  a  minority  report  dissenting  on  the  plan  for  the  proposed 
organization  of  the  police  department.  Two  years  later  the  legisla- 
ture passed  the  present  "Act  for  the  government  of  cities  of  the 
second  class"  (L.  1898,  Ch.  182),  which  was  based  on  the  charter 
proposed  by  the  commission  and  took  its  name  from  Senator  Horace 
White  of  Syracuse,  who  introduced  the  bill. 


NOTE  AS  TO  INCONSISTENCIES 

PORTIONS  OF  THE  OLD  CHARTER  AND  THE  SPECIAL 
LAWS  PUBLISHED  IN  THIS  BOOK  ARE  INCONSISTENT  WITH 
THE  WHITE  CHARTER  IN  VARIOUS  PARTICULARS.  THEV  ARE 
ALL  PUBLISHED  AS  THEV  EXIST  BECAUSE  TDK  DETERMI- 
NATION OF  INCONSISTENCIES  RESTS  NOT  WITH  AN  EDITOR 
BUT    UPON    THE    COURTS    OR    THE    i.KC.I  SI.ATIRE. 


MUNICIPAL  CODE  OF  THE  CITY  OF 
ROCHESTER 

CHARTER    LAW 

The  ^'■Act  for  the  government  of  cities  of  the  second  class," 
(L.    1898,   Ch.    182,  THE  SO-CALLED  "  White  Charter  ")    is    here 

GIVEN     IN     FULL     AS     IT     EXISTS     AND     AT     THE     PROPER     PLACES     ARE 
INSERTED,     IN     A    DIFFERENT    TYPE    MEASURE,    THE    PORTIONS    OF    THE 

"Old  Charter,"  (L.    1880,    Ch.    14,    as    amended),   which  still 

CONTAIN    LIVE    PROVISIONS. 

LAWS   OF  1898,   CHAP.  182 

The  People  of  the  State  of  New  York  represented  in  Senate  and 
Assembly  do  enact  as  follows  : 

ARTICLE  I 

DEFINITION     AND     APPLICATION 

Section  i.  Act  applies  to  cities  of  second  class — When  the 
word  city  is  used  in  this  act,  it  means  a  city  of  the  second  class,  and 
all  the  provisions  of  this  act  have  reference  only  to  such  cities. 

§  2.  When  act  applies — Within  thirty  days  after  every  state 
enumeration,  the  secretary  of  state  shall  file  with  the  clerk  of  every 
city  a  certificate  showing  the  population  of  such  city ;  and  if  it 
appears  therefrom  that  such  city  has  since  the  prior  state  enumer- 
ation become  a  city  of  the  second  class,  then  all  the  provisions  of  this 
act  shall  apply  to  such  city  on  and  after  the  first  day  of  January 
thereafter. 

Note — §§  3-1 1,  inclusive,  omitted  in  White  Charter  as  first  enacted. 


Charter  Law  of  thk 


White  Charter 


Cities  classified — State  Constitution,  Art.  XII,  §  2;  first  class,  popula- 
tion 250,000  or  more;  second  class,  over  50,000  and  less  than  250,000;  third 
class,  all  less  than  50,000. 

City  laws,  how  classified,  passed  and  accepted — State  Constitu- 
tion, Art.  XII,  i}  2:  the  (lentral  City  Law,  §§  30-35;  §  3'  amended  L.  1902, 
Ch.  353- 

White  charter  discussed  generally — Is  to  be  construed  as  a  general 
law.     I'rjor  vs.  City  of  Rochester,  166  N.  V.  54S. 


Old  Charter 


§  I.  Corporation;  name — The  inhabi- 
tants of  that  portion  of  the  territory  of  this 
state,  heretofore  known  as  the  city  of  Roches- 
ter, shall  continue  to  be  a  body  politic  and 
corporate,  by  the  name  of  "  The  City  of 
Rochester,"  with  the  powers  and  privileges 
conferred  by  the  statutes  of  this  state  upon 
corporations  as  well  as  those  conferred  by 
this,  the  charter  of  said  city.  ( Z.  1880, 
C/i.  14). 

i?  3.  Right  to  sue  and  be  sued;  seal; 
to  hold,  convey  and  mortgage  real  estate 

— The  inhabitants  of  said  city  shall  be  a 
corporation  by  the  name  of  "  The  City  of 
Rochester,"  and  may  sue  and  be  sued,  com- 
plain and  defend  in  any  court,  make  and  use 
a  common  seal  and  alter  it  at  pleasure,  and 
may  receive  by  gift,  grant,  devise,  bequest  or 
purcha.se,  and  hold  and  convey  such  real  and 
personal  estate  as  the  purposes  of  the  corpora- 
tion may  require,  whether  such  real  estate  be 
situate  within  or  without  the  limits  of  said 
city ;  and  such  real  estate  may  be  incumbered 
by  mortgage,  as  the  common  council  shall 
direct,  subject  only  to  the  approval  of  the 
mayor,  according  to  the  provisions  of  this 
charter  in  relation  to  acts  of  the  common 
council  of  a  legislative  character.  But  no  real 
estate  shall  be  so  received  lying  without  the 
limits  of  the  city,  unless  it  be  adjacent  to  the 


City  of  Rochester 


Old  Charter 


city,  except  as  otherwise  provided.  The 
jurisdiction  of  said  city  shall  extend  to  and 
over  all  real  estate  so  received,  and  all  laws 
relating  to  the  said  city,  and  all  rules,  regula- 
tions and  ordinances  of  said  city  shall  apply  to 
such  real  estate  as  fully  as  if  the  same  were 
situate  within  the  city  limits.  But  nothing  in 
this  section  shall  impair  or  limit  any  powers 
conferred  upon  the  executive  board  of  the  said 
city,  or  the  purchase  of  any  real  estate  for  or 
in  connection  with  the  water-works  of  the  said 
city.     (Z.  1880,  Ch.  14). 

§  2.  City  Boundaries — The  boundaries 
of  said  city  shall  be  as  follows  :  Beginning  at 
a  point  in  the  present  northerly  line  of  said 
city  of  Rochester,  which  said  point  is  in  the 
middle  of  the  Ridge  road  eight  chains  and 
seventy-five  links  distant  easterly  from  the  top 
of  the  east  high  bank  of  the  Genesee  river  ; 
thence  south  fifteen  minutes  east  to  the  north 
line  of  Norton  street ;  thence  easterly  on  the 
said  north  line  of  Norton  street  to  a  point  two 
hundred  feet  easterly  from  the  east  line  of  lot 
number  forty-eight  in  the  town  of  Irondequoit: 
thence  southerly  on  a  line  parallel  with  the 
said  east  line  of  said  lot  number  forty-eight 
and  at  a  distance  of  two  hundred  feet  easterly 
therefrom,  to  the  south  Jine  of  the  highway 
called  Waring  street ;  thence  southeasterly 
along  the  south  line  of  said  Waring  street,  and 
the  said  line  continued  to  a  point  which  would 
be  to  the  intersection  of  the  said  line  with  the 
east  line  of  the  *highways  known  as  Culver 
road ;  thence  southwesterly  on  said  line  of 
said  Culver  road  to  a  point  on  the  east  line  of 
said  Culver  road  two  hundred  and  fifty-two 
and  four-tenths  feet  north  of  where  the  north 
line  of  Park  avenue  intersects  said  east  line 
of  Culver  road ;  thence  southeasterly  about 
seven  hundred  and  fifty  feet  to  the  northwest 
corner  of   lands   now  owned   by  the  Thomas 

*  So  in  session  laws.     Shouljd  read  "iiinhwav." 


Charter  Law  of  the 


Old  Charter 


City  Boundaries — Continued 

Leighton  estate ;  thence  southeasterly  along 
the  north  line  of  said  Leighton  lands  to  a  point 
where  said  last  mentioned  line  produced  would 
intersect  the  northerly  line  of  town  lot  thirty- 
six  in  the  town  of  Brighton  ;  thence  easterly 
along  the  north  line  of  said  town  lot  thirty-six 
to  the  northeast  corner  thereof ;  thence  south- 
westerly along  the  east  line  of  said  town  lot 
thirt}'-six  to  the  Erie  canal  lands ;  thence 
westerly  along  the  Erie  canal  lands  to  the 
east  line  of  said  Culver  road  ;  thence  south- 
westerly along  the  east  line  of  said  Culver 
road  to  the  north  line  of  lot  number  thirty- 
seven  in  the  town  of  Brighton;  thence  westerly 
on  the  north  line  of  said  lot  number  thirty- 
seven  and  on  the  north  line  of  lots  forty-five 
and  fifty-three,  in  said  town  of  Brighton,  to  a 
point  in  the  north  line  of  said  lot  fifty-three, 
two  hundred  and  ninety  feet  easterly  from  the 
northeast  corner  of  lot  number  sixty-one  in 
said  town  ;  thence  southerly  on  a  line  parallel 
with  the  east  line  of  said  lot  number  sixty-one 
to  the  northerly  line  of  a  road  known  as  Elm- 
wood  avenue  ;  thence  westerly  along  the 
northerly  line  of  said  road  known  as  Elmwood 
avenue  about  three  hundred  feet  to  the  division 
line  between  said  town  lots  fifty-three  and 
sixty-one  ;  thence  southerly  along  said  division 
line  between  lots  fifty-three  and  sixty-one,  and 
along  the  division  line  between  town  lots  fifty- 
four  and  sixty-two  of  said  town  of  Brighton, 
through  land  owned  by  the  county  of  Monroe, 
and  along  the  easterly  line  of  land  formerly 
owned  by  Reuben  N.  Booth  and  now  owned 
by  the  state  of  New  York,  about  three  thou- 
sand one  hundred  and  twenty  feet,  to  land  now 
or  formerly  owned  by  Hiram  Smith ;  thence 
westerly  along  the  division  line  between  the 
lands  owned  by  the  said  state  of  New  York, 
formerly  owned  by  said  Booth,  and  lands  of 
said  Smith  and  along  said  line  prolonged 
westerly,  about  two  thousand  three  hundred 
feet  to  the  westerly  line  of  the  highway  known 


CiTv  OF  Rochester 


Old  Charter 


City  Boundaries — Continued 

as  South  avenue  ;  thence  northerly  along  said 
westerly  line  of  South  avenue  about  six 
hundred  and  ninety  feet  to  an  angle  in  said 
highway ;  thence  still  northerly  along  said 
westerly  line  of  South  avenue  about  two 
thousand  two  hundred  and  ninety-five  feet  to 
the  northerly  line  of  said  road  known  as  Elm- 
wood  avenue ;  thence  westerly  along  the 
northerly  line  of  said  road  known  as  Elmwood 
avenue  to  a  point,  which  said  point  is  at  the 
intersection  of  the  northerly  line  of  said  Elm- 
wood  avenue  with  the  westerly  line  of  the 
lands  now  owned  by  the  New  York,  Lake  Erie 
and  Western  Railroad  Company  ;  thence  south- 
erly on  the  westerly  line  of  the  said  lands  now 
owned  by  said  railroad  company  to  a  point  in 
the  center  of  the  Westfall  road,  so  called ; 
thence  westerly  along  the  center  of  the  West- 
fall  road  to  a  point  in  the  center  of  the  said 
Westfall  road,  where  the  said  road  makes  an 
angle  to  the  north ;  thence  southwesterly  in  a 
straight  line  twenty-four  hundred  feet  through 
lands  now  owned  by  or  known  as  the  Harmon 
farm,  and  the  Baker  farm,  to  a  point  where 
the  east  bank  of  the  Genesee  river  intersects 
the  west  line  of  the  Wolcott  road,  so-called  ; 
thence  northeasterly  along  the  east  s'hore  of 
the  Genesee  river  about  eight  hundred  and 
fifty  feet* to  a  point  where  the  northerly  line 
extended  of  a  road  running  between  lands  of 
E.  Chapin  and  Mathias  Kondolf  on  the  west 
side  of  said  river  would  intersect  said  east 
bank  of  said  river ;  thence  westerly  along  said 
line  so  extended  and  continuing  along  the  said 
line  to  a  point  where  the  said  line  intersects 
the  easterly  line  of  lands  now  owned  by  the 
Western  New  York  and  Pennsylvania  Railroad 
Company ;  thence  northeasterly  along  the  east 
line  of  said  lands  owned  by  said  company,  to 
a  point  where  the  east  line  of  said  railroad 
would  be  intersected  by  the  center  line  of 
Genesee  street  produced  southwesterly;  thence 
northeasterly    through   the   center  of  a    road, 


Charter  Law  of  the 
Old  .Charter 


Cfty  Boundaries — Continued 

which  is  the  continuation  of  Genesee  street,  to 
a  point  where  the  center  line  of  said  Genesee 
street  intersects  the  present  southerly  line  of 
said  city,  formerly  the  south  line  of  the  town 
of  Gates ;  thence  westerly  along  the  south  line 
of  the  city  of  Rochester,  formerly  the  south 
line  of  the  town  of  Gates,  to  a  point  two 
hundred  feet  westerly  from  the  west  line  of 
Thurston  avenue ;  thence  northerly  on  a  line 
parallel  with  the  west  line  of  said  Thurston 
avenue  and  two  hundred  feet  westerly  there- 
from to  the  northerly  line  of  Brooks  avenue  ; 
thence  easterly  along  the  northerly  line  of 
said  Brooks  avenue  to  a  point  in  the  prolonga- 
tion southerly  of  the  east  line  of  lot  number 
one  hundred  sixty-eight  of  the  town  of  Gates ; 
thence  northerly  along  said  prolongation 
southerly  of  said  east  line  of  lot  number  one 
hundred  and  sixty-eight  to  a  point  thirty  feet 
southerly  at  right  angles  from  the  south  line  of 
lot  number  twenty-two  of  the  four  thousand  acre 
tract;  thence  westerly  parallel  with  the  said  south 
line  of  said  lot  number  twent}'-two  and  thirty 
feet  southerly  therefrom  to  the  east  line  of  the 
said  Thurston  avenue ;  thence  northerly  on 
the  easterly  line  of  said  Thurston  avenue  to 
the  north  line  of  lot  number  twenty-two  of  the 
four  thousand  acre  tract;  thence  easterly  *in 
the  north  line  of  said  lot  number  twenty-two 
to  a  point  intersected  by  the  east  line  of  lot 
number  one  hundred  sixty-eight  of  the  twenty 
thousand  acre  tract,  produced  southerly,  to 
the  north  line  of  said  lot  number  twenty-two  ; 
thence  northerly  on  the  east  line  of  said  lot 
number  one  hundred  sixty-eight  produced 
southerly  and  on  the  east  line  of  said  lot 
number  one  hundred  and  sixty-eight  to  the 
northerly  line  of  a  highway  known  as  Chili 
road ;  thence  westerly  along  the  northerly  line 
of  said  Chili  road  to  the  west  line  of  a  street 
known  as  Gardiner  avenue ;   thence  northerly 

*So  in  session  laws.     Should  be  "  on  ". 


City  ok  Rochester 


Old  Charter 


City  Boundaries — Cominutd 

along  the  west  line  of  said  Gardiner  avenue 
sixty  feet ;  thence  westerly  at  right  angles  with 
Gardiner  avenue  seventy-five  feet  ;  thence 
southerly  parallel  with  said  (iardiner  avenue 
to  the  aforesaid  northerly  line  of  Chili  road ; 
thence  westerly  along  the  northerly  line  of 
said  Chili  road  to  the  easterly  line  of  a  high- 
way called  Lincoln  avenue  ;  thence  northerly 
along  the  easterly  line  of  said  Lincoln  avenue 
to  the  south  line  of  a  highway  called  the 
Buffalo  road  ;  thence  easterly  along  the  south- 
erly boundaries  of  the  said  Buffalo  road  to  the 
east  line  of  lot  one  hundred  and  sixty-eight  of 
the  town  of  Gates ;  thence  northerly  along  the 
east  line  of  lots  one  hundred  and  sixty-eight, 
se\^enty-six,  seventy-live,  seventy-four  and 
seventy-three  of  the  town  of  Gates,  continued 
on  the  east  line  of  lots  seventy-two,  seventy- 
one  and  seventy  of  the  town  of  Greece,  to  a 
point  twenty  rods  north  of  the  center  of  the 
highway  known  as  the  Big  Ridge  road;  thence 
easterly  parallel  with  the  center  line  of  said 
road  and  twenty  rods  distant  northerly  there- 
from and  on  said  line  produced  easterly,  to  a 
point  twelve  hundred  feet  easterly  from  the 
east  line  of  Lake  avenue ;  thence  northerly  on 
a  line  parallel  with  Lake  avenue  ten  hundred 
and  eleven  feet  to  a  point ;  thence  north  thirty- 
six  degrees  and  twenty-six  minutes  west,  eight 
hundred  and  eighty-eight  feet  to  a  point ; 
thence  north,  twelve  degrees  and  four  minutes 
west,  to  the  center  of  a  road  leading  to  Han- 
ford's  landing:  thence  easterly  along  the  center 
of  said  road  leading  to  llanford's  landing  to  a 
point  fifty  feet  westerly  from  the  west  high 
bank  of  the  Genesee  river;  thence  northerly 
parallel  with  the  top  of  the  west  high  bank  of 
the  (ienesee  river  and  fifty  feet  distant  westerly 
therefrom  to  the  north  line  of  the  lands  -of 
William  Merrill ;  thence  easterly  along  said 
line  and  said  line  produced  easterly  to  the  east 
bank  of  the  Genesee  river  ;  thence  northerly 
along  the  east  bank  of  the  Genesee  river  in  its 


Charter  Law  ok  thk 

Old   Cliarter 


City  Boundaries — Concluded 

various  courses,  to  the  north  line  of  lot  four- 
teen in  the  township  fourteen,  in  the  seventh 
range  of  townships  in  the  town  of  Irondequoit; 
thence  easterly  along  the  north  line  of  said  lot 
fourteen,  to  the  east  line  of  the  lands  owned 
by  the  Rome,  Watertown  and  Ogdensburg 
Railroad  Company  ;  thence  southerly  along  the 
east  line  of  lands  owned  by  the  said  Rome, 
Watertown  and  Ogdensburg  Railroad  Company 
*as  the  middle  of  the  Ridge  road ;  thence 
westerly  along  the  middle  of  the  Ridge  road  to 
the  place  of  beginning.  (Z.  iS8o,  Ch.  14; 
atnended  L.  1891,  Ch.  1S4;  Z.  1892,  C//.  596  ; 
Z.  1894,  Ch.  28;  Z.  1895,  Ch.  617;  Z.  1899, 
Ch.  373;  last  amended  L.  1901,  Ch.  572). 

§  4.  Ward  Boundaries — The  said  city 
shall  be  divided  into  twenty  wards  as  follows : 

First  Ward  Boundaries — All  that  part  of 
the  said  city  included  within  a  line  beginning  at 
a  point  in  the  center  of  the  Genesee  river,  and 
of  the  Erie  canal ;  thence  running  westerly  along 
the  center  of  the  Erie  canal,  to  the  center  of 
Allen  street ;  thence  easterly  along  the  center 
of  Allen  street  to  the  center  of  State  street ; 
thence  southerly  along  the  center  of  State 
street  to  the  center  of  fMumford  street ; 
thence  easterly  along  the  center  of  fMumford 
street  to  the  center  of  the  Genesee  river; 
thence  southerly  along  the  center  of  the  Gene- 
see river,  to  the  place  of  beginning,  shall  con- 
stitute the  first  ward.  {As  atnended  L.  1894, 
Ch.    28). 

Second  Ward  Boundaries — All  that  part 
of  the  said  city  included  within  a  line  begin- 
ning at  the  center  of  the  Genesee  river  and 
fMumford  street ;  thence  running  westerly 
along  the  center  of  fMumford  street  to  the 
center  of  State  street ;  thence  northerly  along 
the  center  of  State  street  to  the  center  of  Allen 

*So  in  session  laws.     Should  be  "  to  the  middle." 
tSo  in  session  laws.     Now  "Andrews  street." 


CiTV    (JF    ROCHKSTER 
Old  Charter 


Street ;  thence  westerly  along  the  center  of 
Allen  street  to  the  center  of  the  Erie  canal; 
thence  northerly  along  the  center  of  the  Erie 
canal  to  Jay  street ;  thence  easterly  along  the 
center  of  Jay  street  and  the  center  line  thereof 
continued  easterly,  to  the  center  of  the  Gene- 
see river ;  thence  southerly  along  the  center  of 
the  Genesee  river  to  the  place  of  beginning, 
shall  constitute  the  second  ward.  (As 
amended  L.  1894,  Ch.  28). 

Third  Ward  Boundaries— All  that  part  of 
the  said  city  included  within  a  line  beginning 
at  a  point  in  the  center  of  the  Genesee  river 
and  of  the  Erie  canal ;  thence  running  westerly 
along  the  center  of  the  Erie  canal  to  the  center 
of  lands  formerly  used  for  the  Genesee  Valley 
canal ;  thence  southerly  along  the  center  of  the 
said  lands  formerly  used  for  the  Genesee 
Valley  canal  to  the  south  line  of  the  Strong 
tract ;  thence  along  the  south  line  of  the  Strong 
tract  to  the  center  of  the  Genesee  river ; 
thence  northerly  along  the  center  of  the 
Genesee  river  to  the  place  of  beginning,  shall 
constitute  the  third  ward.  (As  amended  L. 
1894,  Ch.  28). 

Fourth  Ward  Boundaries — All  that  part 
of  said  city  included  within  a  line  beginning 
at  a  point  in  the  center  of  the  Gene.see  river 
and  of  *East  Main  street ;  thence  running 
easterly  along  the  center  of  *East  Main  street 
to  the  center  of  East  avenue  ;  thence  along  the 
center  of  East  avenue  to  the  center  of  William 
street ;  thence  southerly  along  tiie  center  of 
William  street  to  the  center  of  Monroe  avenue: 
thence  southeasterly  along  the  center  of  Monroe 
avenue  t(i  the  center  of  Ale.xander  street ; 
thence  southerly  along  the  center  XA  Alexander 
street  to  an  angle  in  said  street ;  thence  south- 
westerly continuing  in  the  center  of  said  Alexan- 
der street  to  the  center  of  the  Erie  canal ;  thence 
northerly  in  the  center  of  the  Erie  canal  to  a 

*So  in  session  laws.     Now  "  Main  Si.  East." 


1<"  Charter  Law  of  the 


Old  Charter 

point  where  the  center  Hne  of  Howell  street, 
extended  westerly,  would  intersect  said 
center  of  the  Erie  canal ;  thence  westerly  on 
said  center  line  of  Howell  street,  extended,  to 
the  center  of  the  Genesee  river ;  thence  north- 
erly in  the  center  of  the  Genesee  river  to  the 
place  of  beginning,  shall  constitute  the  fourth 
ward.     (As  amended  I..  1S94,  C/i.  28). 

Fifth  Ward  Boundaries — All  that  part 
of  the  said  city  included  within  a  line  begin- 
ning at  a  point  in  the  center  of  *E.  Main  street 
and  of  the  Genesee  river ;  thence  running 
northerly  along  the  center  of  the  Genesee 
river  to  a  point  where  a  line  extended  south- 
westerly through  the  center  of  Evergreen  street 
would  intersect  a  line  drawn  through  the  center 
of  said  Genesee  river ;  thence  northeasterly 
along  the  said  extended  line  and  along  the 
center  of  Evergreen  street  to  an  angle  in  said 
street,  and  thence  continuing  easterly  along  the 
center  of  said  Evergreen  street  to  a  point  in  the 
center  of  Conkey  avenue ;  thence  northerly 
along  the  center  line  of  Conkey  avenue  to  the 
center  of  Clifford  street ;  thence  easterly  along 
the  center  of  Clifford  street  to  the  center  of  tN. 
Clinton  street;  thence  southerly  along  the  center 
of  tNorth  Clinton  street  to  the  center  of  *E. 
Main  street ;  thence  westerly  along  the  center 
of  *E.  Main  street  to  the  place  of  beginning, 
shall  constitute  the  fifth  ward.  {As  amended 
L.   1894,  Ch.   28). 

Sixth  Ward  Boundaries — All  that  part 
of  the  said  city  included  within  a  line  begin- 
ning at  the  center  of  *K.  Main  street  and  North 
street  thence  northerly  in  the  center  of  North 
street  to  the  center  of  University  avenue ;  thence 
easterly  in  the  center  of  University  avenue  to  the 
center  of  *E.  Main  street;  thence  easterly  in  the 
center  of  *E.  Main  street  to  the  center  of 
the  tracks  of  the  main  line  of  the  New  York 
Central    and     Hudson     River    Railroad    Co.; 

*So  in  session  laws.     Now  "  Main  St.  East." 

t So  in  session  laws.     Now  "  Clinton   Av.  North." 


City  of  Roch?:ster  1 1 


Old  Charter 


thence  southeasterly  in  the  center  of  said  rail- 
road company's  tracks  to  the  east  boundary 
line  of  the  city ;  thence  southerly  along  the 
east  boundary  line  of  the  city  to  the  center  of 
East  avenue  ;  thence  westerly  in  the  center  of 
East  avenue  to  the  center  of  *E.  Main  street; 
thence  westerly  in  the  center  of  *E.  Main  street 
to  the  place  of  beginning,  shall  constitute  the 
sixth  ward.     (As  avw/it/et/  L.  1894,  Ch.  28). 

Seventh  Ward  Boundaries  —All  that 
part  of  the  said  city  included  within  a 
line  beginning  at  a  point  at  the  center 
of  *E.  Main  street  and  fN.  Clinton  street ; 
thence  running  northerly  along  the  center 
of  t^^-  Clinton  street  to  a  point  which 
would  be  the  intersection  of  the  center  line  of 
Nassau  street,  extended  westerly  to  the  center 
of  said  fN-  Clinton  street;  thence  easterly  on 
said  extended  line  and  continuing  easterly  in 
the  center  of  Nassau  street  to  the  center  of  JSt. 
Joseph  street ;  thence  northerly  along  the  center 
of  tSt.  Joseph  street  to  the  center  of  Baden 
street ;  thence  easterly  along  the  center  of 
Baden  street  to  the  center  of  Hudson  avenue  ; 
thence  northerly  in  the  center  of  Hudson 
avenue  to  the  center  of  Wilson  street :  thence 
easterly  along  the  center  of  Wilson  street  to 
the  center  of  North  street ;  thence  southerly 
in  the  center  of  North  street  to  the  center  of 
*E.  Main  street;  thence  westerly  in  the  center 
of  *E.  Main  street  to  the  place  of  beginning, 
shall  constitute  the  seventh  ward.  {As  anu-tuifti 
L.  1894,  C/i.  28V 

Eighth  Ward  Boundaries  .Ml  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  in  the  center  of  tN. 
Clinton  street  where  a  line  extended  westerly 
through  the  center  of  Nassau  street  would 
intersect  the  center  line  of  said  tN.  Clinton 
street;     thence     northerly    along   the    center 

*So  in  session  laws.  Now  "  Main  St.  E.ist." 
tSo  in  session  laws.  Now  "Clinton  Av.  N." 
JSo  in  session  laws.     Now  "Joseph  .\v." 


12  Charter  Law  of  the 

Old   Charter 

of  *N.  Clinton  street  to  the  center  of  Clifford 
street ;  thence  easterly  along  the  center  of  Cliff- 
ord street  to  the  center  of  fNorth  avenue;  thence 
southerly  along  the  center  of  tNorth  avenue 
to  an  angle  in  said  avenue  at  or  near  Syracuse 
street ;  thence  continuing  ^southeasterly  along 
the  center  of  tNorth  avenue  to  a  point  where 
the  center  line  of  f  North  avenue  would  intersect 
the  center  line  of  North  street;  thence  northerly 
in  the  center  line  of  North  street  to  the  center 
line  of  Wilson  street ;  thence  westerly  in  the 
center  line  of  Wilson  street  to  the  center  of 
Hudson  avenue;  thence  southerly  in  the 
center  of  Hudson  avenue  to  the  center  of 
Baden  street;  thence  westerly  along  the  center 
of  Baden  street  to  the  center  of  ||  St.Joseph  street; 
thence  southerly  along  the  center  of  ||St.  Joseph 
street  to  the  center  of  Nassau  street ;  thence 
westerly  along  the  center  line  of  Nassau  street 
and  along  said  line  continued  westerly  to  the 
place  of  beginning,  shall  constitute  the  eighth 
ward.     {As  ai?iended  L.  1894,  C/i.  28). 

Ninth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  in  the  center  of  Jay 
street  and  the  Erie  canal,  and  running  thence 
easterly  along  the  center  of  Jay  street,  and  Jay 
street  continued,  to  the  center  of  the  Genesee 
river;  thence  northerly  in  the  center  of  the 
Genesee  river  to  a  point  where  a  line  extended 
northeasterly  through  the  center  of  IfLorrimer 
street,  would  intersect  the  said  center  line 
of  the  Genesee  river ;  thence  southwesterly 
on  said  extended  line,  and  through  the  center 
of  HLorrimer  street  to  the  center  of  Fulton 
avenue ;  thence  northerly  along  the  center  of 
Fulton  avenue  to  the  center  of  Bloss  street ; 
thence    westerly    along    the    center    of    Bloss 

*So  in  session  laws.  Now  "  Clinton  Av.  N." 

tSo  in  session  laws.  Now  "  Portland  Av." 

J  So  in  session  laws.  Should  be    "southwesterly." 

liSo  in  session  laws.  Now  "  Joseph  Av." 

HSo  in  session  laws.  Should  be  "  I>orimer  St." 


City  of  Rochester  13 


Old  Charter 


street  to  the  lands  used  tor  the  State  Industrial 
School ;  thence  southerly  along  the  easterly 
line  of  said  lands  to  the  south  line  thereof  ; 
thence  westerly  along  the  south  line  of  said  lands 
of  said  State  Industrial  School,  and  along  said 
line  continued,  to  the  center  of  the  Erie  canal ; 
thence  southeasterly  along  the  center  of  the 
Erie  canal  to  the  place  of  beginning,  shall 
constitute  the  ninth  ward.  (As  amended  L. 
1894,  Ch.  28). 

Tenth  Ward  Boundaries — All  that  part 
of  the  said  city  included  within  a  line  begin- 
ning at  a  point  where  a  line  extended 
northeasterly  through  the  center  of  *  Lor  rimer 
street  would  intersect  the  center  line  of  the 
Genesee  river  ;  thence  northerly  in  the  center 
of  the  Genesee  river  to  a  point  where  the 
northerly  line  of  the  city  crosses  the  Genesee 
river ;  thence  westerly  on  the  said  northerly 
line  of  the  city,  and  continuing  southerly  on 
the  said  city  line,  and  continuing  westerly  on 
the  said  city  line,  to  a  point  where  the 
northerly  line  of  the  city  intersects  the  westerly 
line  of  the  city ;  thence  southerly  on  the 
westerly  line  of  the  city  to  a  point  where  a  line 
extended  westerly  through  the  center  of  Otis 
street  would  intersect  the  said  westerly  line  of 
said  city ;  thence  easterly  along  the  said 
extended  line  and  along  the  center  of  Otis 
street,  to  the  center  of  Sherman  street ;  thence 
northerly  in  the  center  of  Sherman  street  to  a 
point  where  a  line  drawn  through  the  center 
of  Sherman  street  would  intersect  a  line 
extending  westerly  from  the  south  boundary 
line  of  the  lands  of  the  State  Industrial  School ; 
thence  easterly  along  the  said  extended  line 
and  along  the  south  boundar}^  line  of  the  said 
lands  of  the  State  Industrial  School  to  the 
southeast  corner  of  the  said  lands ;  thence 
northerly  along  the  east  line  of  the  said  lands 
to  the  center  of  Bloss  street;  thence  easterly 
along  the  center  of  Bloss  street  to  the  center 

*So  in  session  laws.     Should  lie  "  Lorimer  St." 


14  Chakikr  Law  of    iiik 

Old  Charter 


of  I^'iilton  avenue;  thence  southerly  along  the 
center  of  Fulton  avenue  to  the  center  of 
*Lorrimer  street ;  thence  northeasterly  along 
the  center  of  *Lorrimer  street  and  continuing 
on  a  line  extended  northeasterly  through  the 
center  of  said  *Lorrinier  street  to  the  place  of 
beginning,  shall  constitute  the  tenth  ward.  (As 
ainendcd  L.  1894,  Ch.  28). 

Eleventh  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  the  center  of 
Bronson  avenue  would  intersect  a  line  drawn 
through  the  center  of  the  lands  now  owned 
and  occupied  by  the  Western  New  York  and 
Pennsylvania  Railroad  Company,  being  the 
land  formerly  used  and  occupied  for  the 
Genesee  Valley  canal ;  thence  westerly  along 
the  center  of  Bronson  avenue  to  the  center  of 
Genesee  street ;  thence  northerly  along  the 
center  of  Genesee  street  to  the  center  of 
Brown  street ;  thence  northeasterly  along  the 
center  of  Brown  street  to  a  point  where  a  line 
extended  southerly  through  the  center  of  Saxton 
street  would  intersect  a  line  drawn  through 
the  center  of  Brown  street ;  thence  northerly 
on  said  extended  line,  and  continuing  northerly 
along  the  center  of  Saxton  street  to  the  center 
of  Jay  street ;  thence  easterly  along  the  center 
of  Jay  street  to  a  point  where  said  Jay  street 
makes  an  angle  to  the  northeast ;  thence 
northeasterly  along  the  center  of  Jay  street  to 
the  center  of  the  Erie  canal  ;  thence  southerly 
along  the  center  of  the  Erie  canal  to  a  point 
where  the  old  Genesee  Valley  canal  formerly 
connected  with  said  Erie  canal ;  thence  south- 
erly along  the  center  of  the  lands  formerly 
used  and  occupied  by  the  Genesee  Valley 
canal  to  the  place  of  beginning,  shall  constitute 
the  eleventh  ward.  {As  amended  L.  1894, 
Ch.   28). 

*So  in  session  laws.     Should  be  "  Lorimer  St." 


City  of  Rochester  15 

Old  Charter 


Twelfth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  a  line  drawn 
through  the  center  of  East  avenue  would 
intersect  a  line  drawn  through  the  center  of 
William  street;  thence  southerly  along  the  center 
of  William  street  to  the  center  of  Monroe 
avenue ;  thence  southeasterly  along  the  center 
of  Monroe  avenue  to  the  center  of  Alexander 
street ;  thence  southerly  along  the  center  of 
Alexander  street  to  an  angle  at  or  near  Cobb 
street ;  thence  continuing  southwesterly  along 
the  center  of  Alexander  street  to  the  center  of 
the  Erie  canal ;  thence  southerly  and  easterly 
along  the  center  of  the  Erie  canal  to  the 
easterly  line  of  the  city ;  thence  northerly 
along  the  said  easterly  line  of  the  city,  to 
where  the  north  line  of  the  Erie  canal  lands 
intersect  said  city  line ;  thence  easterly  along 
said  Erie  canal  lands  to  the  east  line  of  town 
lot  thirty-six  in  the  town  of  Brighton;  thence 
northerly  along  said  east  line  of  said  town  lot 
thirty-six  to  the  northeast  corner  thereof ;  thence 
westerly  along  the  north  line  of  said  town  lot 
thirty-six,  to  a  point  where  the  same  intersects 
the  east  line  of  Leighton  avenue  ;  thence  north- 
westerly along  a  line  which  produced  to  the  east 
line  of  Culver  road  would  intersect  the  same 
two  hundred  fifty-two  and  four-tenths  feet 
north  of  where  the  north  line  of  Park 
avenue  intersects  the  east  line  of  said  Cul- 
ver road ;  thence  northerly  along  the 
easterly  line  of  the  city  to  the  center  of  East 
avenue  ;  thence  westerly  along  the  center  of 
East  avenue  to  the  place  of  beginning,  shall 
constitute  the  twelfth  ward.  (.-Is  nmethicti  I.. 
1895,  Ch.  61  7). 

Thirteenth  Ward  Boundaries — AH  that 
part  of  the  said  city  included  within  a  line  be- 
ginning at  a  point  in  the  center  of  the  Oenesee 
river  where  a  line  drawn  through  the  center  of 
the  Genesee  river  would  intersect  a  line  ex- 
tended westerly  through  the  center  of  Howell 


16  Charikr  Law  ok  thy. 

Old  Charter 


Street ;  thence  easterly  on  said  extended  line 
to  the  center  of  the  Erie  canal ;  thence  south- 
erly and  easterly  along  the  center  of  the  Erie 
canal  to  the  center  of  Goodman  street ;  thence 
southerly  along  the  center  of  Goodman  street 
to  the  center  of  Caroline  street ;  thence  westerly 
along  the  center  of  Caroline  street  to  the  center 
of  South  avenue ;  thence  northerly  along  the 
center  of  South  avenue  to  the  center  of  Averill 
avenue  ;  thence  westerly  along  the  center  of 
Averill  avenue,  and  continuing  on  a  line  ex- 
tending westerly  through  the  center  of  Averill 
avenue  to  the  center  of  the  Genesee  river; 
thence  northerly  along  the  center  of  the  Gene- 
see river  to  the  place  of  beginning,  shall  con- 
stitute the  thirteenth  ward.  (As  at}ie)idcd 
L.  1894,  Ch.  28). 

Fourteenth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  in  the  center  of  the  Gene- 
see river,  where  a  line  drawn  through  the 
center  of  said  river  would  intersect  a  line 
extended  westerly  through  the  center  of  Averill 
avenue  ;  thence  easterly  on  said  extended  line 
and  along  the  center  of  Averill  avenue  to  the 
center  of  South  avenue  ;  thence  southerly  along 
the  center  of  South  avenue  to  the  center  of 
Caroline  street ;  thence  easterly  along  the  cen- 
ter of  Caroline  street  to  the  center  of  Goodman 
street ;  thence  northerly  along  the  center  of 
Goodman  street  to  the  center  of  the  Erie  canal ; 
thence  easterly  along  the  center  of  the  Erie 
canal  to  the  easterly  line  of  the  city ;  thence 
southerly  and  westerly  along  the  east  and 
south  boundary  lines  of  the  city,  following  the 
various  courses  of  said  line  to  the  northerly 
line  of  a  road  known  as  Elmwood  avenue,* 
about  three  hundred  feet  to  the  division  line 
between  said  town  lots  fifty-three  and  sixty- 
one  ;  thence  southerly  along  said  division  line 
between  lots  fifty-three  and  sixty-one,  and  along 

*So  in  session  laws.     "  thence  westerly"  omitted. 


City  of  Rochester  17 


Old  Charter 

the  division  line  between  town  lots  tift\--four 
and  sixty-two  of  said  town  of  Brighton,  through 
land  owned  by  the  county  of  Monroe,  and 
along  the  easterly  line  of  land  formerly  owned 
by  Reuben  N.  Booth  and  now  owned  by  the 
state  of  New  York,  about  three  thousand  one 
hundred  and  twent)-  feet  to  land  now  or  for- 
merly owned  by  Hiram  Smith  ;  thence  westerly 
along  the  division  line  between  the  lands  owned 
by  the  said  state  of  New  York,  formerly  owned 
by  said  Booth,  and  lands  of  said  Smith  and 
along  said  line  prolonged  westerly  about  two 
thousand  three  hundred  feet  to  the  westerly 
line  of  the  highway  known  as  South  avenue  ; 
thence  northerly  along  said  westerly  line  of 
South  avenue  about  six  hundred  and  ninety 
feet  to  an  angle  in  said  highway ;  thence  still 
northerly  along  said  westerly  line  of  South 
avenue  about  two  thousand  two  hundred  and 
ninety-five  feet  to  tlie  northerly  line  of  said 
road  known  as  Elmwood  avenue,  the  city  line  ; 
thence  westerly  and  southwesterly  along  the 
southerly  and  southeasterly  boundarj-  lines  of 
the  city,  following  the  various  courses  of  said 
line  to  the  center  of  the  Genesee  river ;  thence 
northerly  along  the  center  of  the  Genesee  river 
to  the  place  of  beginning,  shall  constitute  the 
fourteenth  ward.  (As  amended  L.  190 1. 
Ch.  572). 

Fifteenth    Ward    Boundaries — All   that 

part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  the  center  of  Jay 
street  intersects  the  center  of  the  Krie  canal ; 
thence  southwesterly  along  the  center  of  Jay 
street  to  a  point  at  or  near  the  center  of  Magne 
street;  thence  continuing  westerly  along  the 
center  of  Jay  street  to  the  west  boundary  line 
of  the  city ;  thence  northerly  along  the  west 
boundar)'  line  of  the  city  to  a  {X)int  where  a 
line  extended  westerly  through  the  center  of 
Otis  street  would  intersect  the  said  west  bound- 
ary line  of  said  city :  thence  easterly,  on  said 
extended   line,   and   along   the  center  of  ( )tis 


18  Chartkr  Law  oi     ihk 


Old  Charter 


Street  to  the  center  of  Sherman  stix-ft :  thence 
northerly  along  the  center  of  Sherman  street 
to  a  point  where  a  line  drawn  through  the 
center  of  vShernian  street  would  intersect  the 
south  boundary  line  of  the  lands  of  the  State 
Industrial  School  extended  westerly;  thence 
easterly  along  said  extended  line  to  the  center 
of  the  Erie  canal ;  thence  southeasterly  along 
the  center  of  the  Erie  canal  to  the  place  of 
beginning,  shall  constitute  the  fifteenth  ward. 
(As  a77iended  L.  1894,  Ch.  28 ;  chaiii^ed  by 
L.  1892,  Ch.  596,  §  2). 

Sixteenth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  a  line  drawn 
through  the  center  of  North  street  would 
intersect  a  line  drawn  through  the  center  of 
Universit}'  avenue ;  thence  northerly  along  the 
center  of  North  street  to  a  point  which  is  the 
intersection  of  the  center  lines  of  North  street 
and  North  avenue  ;  thence  northeasterly  along 
the  center  of  North  avenue  to  the  center  of  Bay 
street;*  thence  easterly  along  the  center  of  Bay 
street  to  the  center  of  Hebard  street;  thence 
southerly  along  the  center  of  Hebard  street 
to  the  center  of  the  tracks  of  the  New  \'ork 
Central  and  Hudson  River  Railroad  Company  ; 
thence  southeasterly  along  the  center  of  the 
tracks  of  the  New  York  Central  and  Hudson 
River  Railroad  Company  to  the  center  of  fEast 
Main  street ;  thence  westerly  along  the  center 
of  tEast  Main  street  to  the  center  of  University 
avenue  ;  thence  northwesterly  along  the  center 
of  University  avenue  to  the  place  of  beginning, 
shall  constitute  the  sixteenth  ward.  {As 
ofnended  L.  1894,  Ch.  28;  changed  by  L.  1892, 
Ch.  596,  §  2). 


*So  in  session  laws.  Should  read  "  along  the 
center  of  North  street  and  Portland  avenue  to  the 
center  of  Hay  street." 

tSo  in  session  laws.     Now  "Main  Street  East." 


CiTv  OF  Rochester  19 

Old  Charter 


Seventeenth    Ward     Boundaries  —  All 

that  part  of  the  said  city  included  within  a 
line  beginning  at  a  point  in  the  center  of  the 
Genesee  river,  where  a  line  drawn  through  the 
center  of  the  Genesee  river  would  intersect  a 
line  extended  *southeasterly  through  the  center 
of  Evergreen  street;  thence  northerly  along 
the  center  of  the  Genesee  river  to  where  the 
north  line  of  the  cit)'  crosses  the  CJenesee 
river;  thence  following  the  boundary  line  of 
the  said  city  northerly  to  the  north  boundary 
point  of  the  said  city ;  thence  southerly  along 
the  east  boundary  line  of  said  city  to  a  point 
where  said  boundary  line  intersects  said  north 
boundary  line  at  Norton  street ;  thence  easterly 
along  the  north  boundar)-  line  of  said  city  to  a 
point  where  the  northerly  boundar)-  line  of 
the  cit}'  intersects  the  east  boundary  line  of 
the  cit)' ;  thence  southerly  and  southeasterly 
along  the  easterly  boundar}-  line  of  the  city  to 
the  center  of  Clifford  street ;  thence  westerly 
along  the  center  of  Clifford  street  to  the  center 
of  Conkey  avenue  ;  thence  southerly  along  the 
center  of  Conkey  avenue  to  the  center  of 
Evergreen  street ;  thence  westerly  along  the 
center  of  Evergreen  street  and  continuing 
southwesterly  along  said  center  line,  and  con- 
tinuing on  a  line  extended  southwesterly 
through  the  center  of  said  Evergreen  street  to 
the  place  of  beginning,  shall  constitute  the 
seventeenth  ward.  (As  amended  L.  1894, 
Cli.  28:  c/i(7/i^ed  by  L.  1899.  Ch.  373.  $  2). 

Eighteenth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  a  line  drawn 
through  the  center  of  t North  avenue  would 
intersect  a  line  drawn  through  the  center  of 
Clifford  street ;  thence  easterly  along  the  cen- 
ter of  Clifford  street  to  the  easterly  boundary 
line   of  the  cit)' ;  thence   southerly   along   the 

*So  in  session  laws.     Should  be  "southwesterly." 
tSo  in  session  laws.     Now  "  Portland  avenue." 


20  CiiAKiKK    Law   ()!•    riiK 

Old   Charter 


easterly  boundary  line  of  the  city  to  the  center 
of  the  New  York  Central  and  Hudson  River 
Railroad  Company's  tracks ;  thence  north- 
westerly along  the  center  of  said  company's 
tracks  to  the  center  of  Hcbard  street;  thence 
northerly  along  the  center  of  Ilebard  street  to 
the  center  of  Bay  street ;  thence  westerly  along 
the  center  of  Bay  street  to  the  center  of  *North 
avenue  ;  thence  northerly  along  the  center  of 
*North  avenue  to  the  place  of  beginning,  shall 
constitute  the  eighteenth  ward,  {.-/.v  amctidtut 
L.  1894,  Ch.  2^). 

Nineteenth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  the  center  of  Bron- 
son  avenue  would  intersect  a- line  drawn  through 
the  center  of  the  lands  now  owned  and  occu- 
pied by  the  Western  New  York  and  Pennsyl- 
vania Railroad  Company,  being  the  land  for- 
merly used  and  occupied  by  the  Genesee  \'alley 
canal ;  thence  westerly  along  the  center  line  of 
Bronson  avenue  to  the  center  of  Genesee 
street ;  thence  northerly  along  the  center  of 
Genesee  street  to  the  center  of  West  avenue ; 
thence  westerly  along  the  center  of  West  avenue 
to  the  center  of  Chili  avenue ;  thence  south- 
westerly along  the  center  of  Chili  avenue  to 
the  westerly  boundar)'  line  of  the  city ;  thence 
southerly  on  the  westerly  city  line,  in  its  various 
courses,  to  a  point  where  the  said  westerly  line 
of  the  city  intersects  the  southerly  line  of  the 
city ;  thence  easterly  and  southerly,  following 
the  said  city  line,  in  its  various  courses,  until 
the  said  line  intersects  a  line  drawn  through 
the  center  of  the  Genesee  river ;  thence  north- 
erly, in  the  center  of  the  Genesee  river,  in  its 
various  courses,  to  a  point  where  a  line  drawn 
through  the  center  of  the  said  (Genesee  river 
would  intersect  the  south  line  of  the  Strong 
tract :   tluiict-   tnorthwcstt-rly  along  the   south 

*So  in  stssion  laws.     Xow  "  Portland  avenue." 
tSo  in  session  laws.     Should  be  "  westerly." 


City  ok  Roi  hkstkr  21 


Old   Cluirtcr 


line  of  the  Strong  tract  to  the  center  of  the 
tracks  of  the  Western  New  \'ork  and  Penn- 
sylvania Railroad  Company;  thence  northerly, 
along  the  center  of  the  tracks  of  said  railroad 
company,  to  the  place  of  beginning,  shall  con- 
stitute the  nineteenth  ward.  (As  ante  tided 
L.  1894,  Ch.  28;  i/ian}^t'd  by  L.  1899, 
Ch.  373,  §  2). 

♦Twentieth  Ward  Boundaries — All  that 
part  of  the  said  city  included  within  a  line 
beginning  at  a  point  where  a  line  drawn  through 
the  center  of  Genesee  street  would  intersect  a 
line  drawn  through  the  center  of  West  avenue ; 
thence  westerly  along  the  center  of  \\'est  ave- 
nue   to    the    center   of   Chili  avenue ;    thence 

*So  in  session  laws.  The  description  should  be 
as  follows:  Twentieth  Ward — All  that  part  of  the 
said  city  included  within  a  line  Inrginning  at  a  point 
where  a  line  drawn  through  the  center  of  Genesee 
street  would  intersect  a  line  drawn  through  the  center 
of  West  avenue;  thence  westerly  along  the  center  of 
West  avenue  to  the  center  of  Chili  avenue;  thence 
southwesterly  along  the  center  of  Chili  avenue  to  the 
present  ciiy  line;  thence  northerly  along  the  present 
city  line  to  the  north  line  of  Chili  avenue;  thence 
southwesterly  along  the  north  line  of  Chili  avenue  to 
the  west  line  of  a  street  known  as  C.ardiner  avenue; 
thence  northerly  along  the  west  line  of  (lardiner  avenue 
si.\ty  feet  ;  thence  westerly  at  right  angU-s  with  Ciardi 
ner  avenue  seventy-tive  feet ;  thence  southerly  p;irallel 
with  said  (lardiner  avenue  to  the  aforesaid  northerly 
line  of  said  Chili  road;  thence  southwesterly  Hlong  the 
northerlv  line  of  said  Chili  road  to  the  easterly  line  of 
a  highwav  called  Lincoln  avenue;  thence  northerly 
along  the  easterly  line  of  said  Lincoln  avenue  to  the 
south  line  of  the  highway  called  the  HufTalo  road; 
them  '•  easterly  along  the  southerly  l)oundaries  of  said 
Buffalo  road  to  the  present  westerly  city  line ;  thence 
northerly  along  the  present  westerly  city  line  to  the 
center  of  Jay  street;  thence  easterly  along  the  center 
of  Jav  street  to  the  center  of  .Saxlon  street;  thence 
southerly  along  the  center  of  S.ixton  street,  and  on  a 
line  extended  southerly  through  the  center  of  Saxton 
street,  to  the  center  of  Hrown  street;  thence  south- 
westerly along  the  center  of  Hrown  street  to  the  place 
of  beginning;  the  said  westerly  Iwundary  lines  being  a 
part  (if  the  present  westerly  Ixiundarj-  line  of  the  city; 
and  the  said  part  of  the  said  city  included  within  said 
lines,  shall  constitute  the  twentieth  ward. 


Charter  Law  ok  the 


Old  Charier 


southwesterly  along  the  center  of  Chili  avenue, 
and  continuing  southwesterly  along  the  center 
of  a  road  formerly  known  as  the  Chili  road  to 
the  easterly  line  of  a  highway  called  Lincoln 
avenue ;  thence  northerly  along  the  easterly 
line  of  said  Lincoln  avenue  to  the  south  line  of 
the  highway  called  the  Buffalo  road ;  thence 
easterly  along  the  southerly  boundaries  of  said 
Buffalo  road  to  the  present  westerly  city  line ; 
thence  northerly  along  the  present  westerly 
city  line  to  the  center  of  Jay  street;  thence 
easterly  along  the  center  of  Jay  street  to  the 
center  of  Saxton  street :  thence  southerly  along 
the  center  of  Saxton  street,  and  on  a  line  ex- 
tended southerly  through  the  center  of  Saxton 
street,  to  the  center  of  Brown  street;  thence 
southerly  along  the  center  of  Brown  street 
to  the  place  of  beginning;  the  said  westerly 
boundary  lines  being  a  part  of  the  present 
westerly  boundary  line  of  the  city ;  aird  the 
said  part  of  the  said  city  included  within  said 
lines,  shall  constitute  the  twentieth  ward.  {As 
amended  L.  1894,  Ch.  28). 

5j  5.  Territory  included  fromlrondequoit, 
Brighton,  Gates  and  Greece — 1  he  tcnitory 

taken  from  the  towns  of  Irondequoit,  Brighton, 
Gates  and  Greece,  and  the  personal  property 
of  the  inhabitants  thereof  now  residing  thereon, 
includet]  within  the  enlarged  city  boundaries, 
so  long  as  they  shall  continue  to  reside  thereon, 
shall  be  exempt  from  the  payment  of  any  part 
of  the  present  city  debt  which  was  contracted 
for  bounties  for  soldiers  or  for  the  relief  of 
soldiers'  families,  or  for  the  construction  of 
water-works,  or  which  may  hereafter  be  con- 
tracted for  the  construction  or  completion  of 
water-works,  or  any  interest  that  may  accrue 
thereon  under  and  by  virtue  of  chapter  three 
hundred  and  eighty-seven  of  the  laws  of  eigh- 
teen hundred  and  seventy-two,  or  for  the  ex- 
penses of  lighting  the  city,  or  for  the  debts 
embraced  in  what  are  known  as  the  "defici- 
ency   bonds "    of    the    city.     Whenever,   how- 


City  of  Rochester  23 

Old  Charter 


ever,  a  majority  of  the  taxpayers  upon  a  street 
within  the  territory  so  annexed  shall  petition 
for  the  extension  of  the  water  mains  or  lamps 
upon  such  street  for  their  benefit,  the  taxable 
property  and  residents  on  said  street  shall 
become  jointly  liable  upon  their  assessment  in 
said  territor)'  with  the  old  territor)'  of  said  city 
for  such  portion  of  the  water  debt,  if  they 
petition  for  water  mains,  as  may  then  remain 
unpaid,  or  if  t?hey  petition  for  lights  their  pro- 
portion for  lighting  said  city.  And  it  is  hereby 
further  provided  that  the  towns  from  which  the 
territory  hereby  annexed  to  the  city  of  Roch- 
ester is  taken  shall  be  released  from  the  sup- 
port of  all  paupers  who  are  actual  residents 
upon  the  territory  so  taken,  and  they  shall 
thereupon  become  a  charge  upon  the  city  of 
Rochester.  The  assessors  of  said  city  are 
hereby  required  to  prepare  an  assessment-roll 
for  said  new  part  of  said  twelfth  ward  created 
by  this  act  and  deliver  to  the  supervisor  of  said 
ward  for  the  use  of  the  board  of  supervisors  of 
Monroe  county  on  or  before  the  first  day  of 
October,  eighteen  hundred  and  ninety-five. 
(As  anictuicii  I..  1895,  Ch.  (i\l). 


24  (  'll  \R  1  !■  k     I  ,  \\V    (IK     I  IIK 


Wliitf    Charter 


ARTICLE  II 

LK(;iSLATI\K    DKl'ARTMENT 

Sec.    12.     Legislative   power  vested   in  common  council — 

The  legislative  power  of  the  city  is  vested'  in  the  coninion  council 
thereof,  and  it  has  authority  to  enact  ordinances,  not  inconsistent 
with  the  laws  of  the  state,  for  the  government  of  the  city  and  the 
management  of  its  business,  for  the  preservation  of  good  order,  peace 
and  health,  for  the  safety  and  welfare  of  its  inhabitants,  and  the  pro- 
tection and  security  of  their  propert}- ;  and  its  authority,  except  as 
otherwise  pro\ided  in  this  act,  or  by  otlier  laws  of  the  state  is  leg- 
islative only.     (/.  1898,  C/i.  182). 

MEMORANDUM     OK     DECISION.S     ON     ORDIN.ANCES 

Authorities  collated  as  to  the  proper  exercise  of  police  power- 
Village  of  Carthanf  vs.  Kiirclfiick,  122  N.  \'.  2('),S. 

Ordinances  have  the  force  of  statutes— Village  of  Carthage  vs.  Fred- 
erick, j///n;;  City  of  Buffalo  vs.  N.  V.  L.  E.  &  W.  R.  R.  Co.  152  N.  V.  z-G,  (iS.i;); 
People  ex  rel.  Cumi.sky  vs.  Wurster,  14  App.  Div.  556,  (1S97)  ;  and  cannot  be 
collaterally  impeached — Consumers  Gas  Co.  vs.  Consumers  Springs  Co.  6i 
Ilun  133,  (i.Si>3);  may  be  partly  void — Duryee  vs.  Mayor,  96  N.  V.  477, 
(1884). 

Ordinances  must  be  reasonable — Village  of  Carthage  vs.  Frederick, 
supra;  City  of  Hrooklyn  vs.  Nassau  Ml.  K.  R.  Co.  38  App.  Div.  ^Ti;.  ( 1X99) ;  City 
of  Buffalo  vs.  Collins  Baking  Co.  37  .\pp.  Div.  432,  (1899). 

Reasonable  as  to  one  state  of  facts  may  be  unreasonable  as  to 
another — For>l  vs.  .Staiul.ird  ( )il  Co.  32  A])]!.  Div.  5i)(i  (i.S()S). 

Rules  ha\e  not  the  force  of  ordinances — .\rniatage  vs.  Fisher,  74 
Hun  if.7. 

Publication  essential  to  Nalidity — Kneil)  vs.  I'eople,  6  Hun  23S. 

Extent  of  the  words  "to  license  and  regulate" — Cronin  vs.  People, 
28  N.  V.  318;  Ciiy  of  Buffalo  vs.  Schleifer,  51  St.  Rep.  58;  City  of  Brooklyn  vs. 
Nodine,  26  Hun   512. 


City  ok   Rochester  iio 

White  Charter 


If  the  common  council  authorizes  a  nuisance,  the  city  becomes 
liable — Spier  vs.  City  of  Brooklyn,  139  N.  V.  (>. 

Ordinances  must  apply  to  citizens  of  all  parts  of  state  alike- 
General  Municipal  J.aw,  §  2~. 

Contracts  in  violation  of  ordinances  are  void — lUirger  vs.  Kavelsch, 

77  Hun  44.  (|S(J4). 

General  statute  on  same  subject  does  not  render  ordinance 
void — Polinsky  vs.  People,  i  i   Hun  390,  (1877). 

Repeal  revives   former  ordinance — Mayor  vs.  Broadway,  etc.  Ry  Co. 

97  N.  V.  275,  (1884). 

Extent  of  ordinances  regulating  the  use  of  bicycles — L.  1899.  Ch. 
634;   regulating  auhiniohiles — Highway  l«i\v  as  amended.  L.  1903,  Ch.  625. 

See  also  article  on  ♦*  Ordinances,"  Am.  &  Eng.  Enc.  Law,  2d  Edn.,  Vol. 
XXI.  pp.  943-1004. 

5$  13.  Aldermen  and  president  of  common  council  ;  sal- 
aries— There  shall  be  elected  at  the  first  election  under  this  act.  and 
at  the  city  election  every  two  years  thereafter,  a  president  of  the 
common  cotmcil  from  the  city  at  large,  who  shall  receive  an  annual 
salary  of  one  thousand  dollars,  and  one  alderman  from  each  ward  of 
the  city,  who  shall  have  been  a  resident  in  such  ward  for  at  least 
five  months  prior  to  such  election,  who  shall  hold  their  oflices  for 
Iwo  years;  and  the  aldermen  thus  elected  shall  constitute  the 
common  council.  The  annual  salary  of  each  alderman  shall  be,  in 
a  city  havini;  a  po|)ulalion,  as  appears  by  the  last  state  enumer- 
ation, of  less  than  one  hundred  thousand,  five  lumdred  dollars  ;  in  a 
city  having  a  population  of  more  than  one  hundred  thousand,  as  afore- 
said, seven  hundred  and  fifty  dollars.  (,/jr  amcniicii  I..  190::,  Ch.  22\. 
See  also  I..  1901,  Ch.  534.  /..   \'.)02.  Ch's.  3  tin,/  ^). 

(ieneral  powers  and  duties  of  aldornit-ii     See  note  under  §  34  White 

Charter,  this  Ixx.k.  / '-.' 

Payment  of  salary  to  dc  facto  a  dcicnce  ;igaiiist  dc  jure  alJcr- 
man — Demarest  vs.  Mayor,  etc.,  147  N.  \'.  203. 

Legislature  cannot  pass  retroactive  measures  as  to  salaries  of 
aldermen — ^■ouIlg  vs.  City  ol    Rochester.  7;,  .\pp.  l)i\.  Si. 


20  CllAKTtR   Law   oi     iiii 


White  Cliurtcr 

55    14.     Meeting  of  common  council;  duties  of  president — 

The  incmhcrs  of  the  common  council  shall  meet  in  the  room  provided 
for  that  purpose  on  the  second  day  of  January  after  their  election, 
or  if  that  be  Sunday,  then  on  the  next  day.  The  president  shall 
preside  at  all  meetings  and  discharge  such  other  duties  as  presi- 
dent as  may  be  defined  by  ordinances  of  the  common  council 
and  other  provisions  of  this  act.  The  common  council  may.  at 
any  regular  meeting,  choose  one  of  its  members  president,  with  like 
powers,  to  fill  a  permanent  vacancy  in  the  office,  and  in  like  manner 
it  may  choose  a  president  pro  tempore  to  act  during- the  temporary 
absence  or  inability  of  the  president.  In  case  of  a  vacancy  in 
that  office,  until  it  shall  fill  the  vacancy  as  above  provided,  the 
mayor  shall  preside  over  its  meetings.  But  in  case  of  a  vacancy  or 
until  a  president  has  been  chosen  it  shall  transact  no  business 
except  to  adjourn  from  time  to  time.  The  president  may  vote 
like  other  members  of  the  common  council  upon  all  resolutions 
and  ordinances  submitted  to  the  body  for  its  action,  in  case  of  a 
tie  vote.     {L.  1S98.  C/i.  1.S2). 

The  President  of  the  council  can  only  vote  in  case  of  a  tie — IVople 
ex  rel.  Argus  Co.  vs.  Bresler,  70  App.  Div.  294;  alilirnied,  171   N.  V.  302. 

$  15.  City  clerk  and  assistants — The  common  council 
shall  choose  a  clerk,  to  hf)lcl  office  during  the  term  for  .which  its 
members  were  elected,  unless  sooner  removed  by  a  vote  of  three- 
fourths  of  all  the  members  of  the  common  council.  He  shall  be 
the  city  clerk,  and  shall  attend  the  meetings  of  the  common 
council,  keep  a  journal  of  its  proceedings,  and  discharge  such  other 
duties  as  may  be  prescribed  by  the  city  ordinances.  He  may  ap- 
point to  hold  oflPice  during  his  pleasure  a  deputy  and  such  other  sub- 
ordinates as  may  be  prescribed  by  the  board  of  estimate  and  appor- 
tionment. The  presklent,  clerk  and  deputy  clerk  of  the  common 
council  shall  each  have  the  powers  of  commissioners  of  deeds.  {As 
amended  L.  1900,  Ch.  273). 


City  ok   Roi  hksiek  -T 

White   Charter 

General  duties  of  city  clerks  in  rej^ard  to  elections — The  Election 
Law.  (For  full  information  as  to  jjrimaries  and  elections,  see  "  Jewett's  Manual 
for  Election  Officers  and  \'otcrs"|. 

Oaths  of  office  to  be  filed  with  city  clerk— Tublic  Officers  I.a\v,  §  lo. 

Marriage  certificates  to  be  filed  with  city  clerk  — Domestic  Rela- 
tions Law,  S  '5:    anitiukd  L.  ii)Oi.  (  li.   -•,--,<>. 

Trial  jury  list  to  be  filed  annuall>  with  the  city  clerk— L.  iS.,.;, 
Ch.  441,  §  12. 

Deposit  of  books  and  papers  with  city  clerk — Code  Civil  Proc, 
§§  ;5i44-3i4S,  inclusive. 

Laws  affecting  city  to  be  sent  to  city  clerk,  and  by  him  kept  on 
file — Legislative  Law,  §49;  as  amended,  L.  iS()3,  Ch.  132;  L.  1894,  Ch.  13S, 
and  L.  iSg^).  Ch.  rqg. 

Enrollment  of  persons  liable  for  military  ser\  ice  to  be  filed 
with  city   clerk — Military  Code,  §§  j,  4. 

Notice  of  application  for  final  naturalization  papers  to  be  served 
on  city  clerk-  I..  |S(;5,  Ch.  927,  S§  t-'"^-  <''<>'■  ''i^'  1;'W^  <'f  il'e  I'nited  States 
governing  naturalization,  see  U.  S.  Revised  Statutes,  §§  2165-2174,  5424-5429, 
1 992- 1 994,  1999  and  2000.  As  to  naturalization  certificates,  see  Election  I^w, 
§  34,  subdiv.  S,  and  Penal  Code,  §§  4i.\.  4iyi. 

Post  commander  G.  A.  R.  shall  file  notice  with  city  clerk  -l'->or 
Law,  §  Si  . 

Minutes  of  hearings  before  assessors,  and  tav  roll  to  be  filed 
with   city   clerk—  l.i.x  Law.  {?§  30  and  3S. 


Old   Charter 

ii   29.     City    clerk    to     report     persons 
elected    and    appointed  —At  the    expiration 

of  ten  days  after  any  ck-ctioii  or  apixiintincnt 
of  any  ofiiccr  or  officer.s  in  the  said  city,  the 
clerk  of  the  said  city  sliall  deliver  to  the 
common  council  a  list  of  the  persons  elected 
or  appointed ;  and  of  the  ofVices  to  which 
they  are  chosen,  therein  specifying  such  as 
shall  have  filed  with  him  the  oath  of  office  or 
notice  of  acceptance  required  by  law,  and 
such  as  shall  have  omitted  to  tile  the  same 
within  the  time  herein  prescribed.  (/..  1880, 
C//.  14). 


'2X  C'liAKiKR   Law   oi     iiiK 

Old  Charter 


>?   55.      Powers  and  duties  of  city  clerk 

— The  clerk  shall  attend  the  meetings  of 
the  common  council,  and  keep  a  record  of 
its  proceedings,  and  shall  have  the  custody 
of  the  corporate  seal,  and  shall  keep  all  papers 
that,  by  any  provision  of  law,  or  by  the  direc- 
tion of  the  common  council,  are  required  to 
be  filed  with  or  kept  byiiim.  Copies  of  all 
papers  tiled  in  his  office,  and  transcripts  from 
the  record  of  the  proceedings  of  the  common 
council,  certified  by  him  under  the  corporate 
seal,  shall  be  evidence  in  all  places  of  the 
matters  therein  contained.  He  shall  counter- 
sign all  licenses  granted  for  any  purposes  by 
the  mayor  or  common  council,  and  he  shall 
enter  in  an  appropriate  book  the  name  of 
ever)'  person  to  whom  a  license  shall  be 
granted,  the  date  thereof,  and  the  time  during 
which  it  is  to  continue  in  force,  and  the  sum 
paid  for  such  license.  No  license  for  any 
purpose  granted  [*shall  be  valid]  unless  thus 
countersigned  by  the  clerk.  No  license  shall 
be  valid  until  the  sum  of  money  required 
therefor  shall  be  fully  paid  in  advance  to  the 
treasurer.  It  is  hereby  made  the  duty  of  the 
city  clerk  to  call  upon  the  chief  of  police  for  a 
detail  of  one  or  more  policemen  to  enforce  the 
penal  ordinances  of  said  city  in  relation  to  all 
persons  required  to  take  out  licenses,  and  he 
shall  report  to  the  corporation  counsel  for 
prosecution  all  violations  of  said  ordinances 
that  may  come  to  his  knowledge.  There  shall 
be  an  assistant  city  clerk,  who  shall  be  ap- 
pointed by  the  common  council  as  herein 
provided,  and  who  shall  have  the  same  powers 
as  the  city  clerk  whenever  the  city  clerk  is 
absent  from  the  city,  or  is  incapable  of  per- 
forming the  duties  of  his  office  by  reason  of 
sickness  or  otherwise,  and  shall  have  such 
powers  as  the  common  council  may  from  time  to 
time  prescribe,  not  inconsistent,  however,  with 
the  provisions  of  this  act,  he  shall  receive  such 

•Omilted  in  Session  I^ws. 


City  of  Rochester  29 

Old  Charter 


Powers  and  duties  of  city  clerk— Continued 

conipcnsalion  for  his  services  as  the  com- 
mon council  may  from  time  to  time  pre- 
scribe, and  shall  give  a  bond  upon  the 
same  terms  and  for  the  same  amount  as  the 
city  clerk.  The  city  clerk  shall,  within  five 
days  after  the  close  of  each  session  of  the 
common  council,  cause  the  proceeclin<,'s  thereof 
to  be  published  in  the  ofticial  newspaper  of 
said  city,  and  in  case  such  official  newspaper 
has  not  been  selected,  he  shall  cause  the  same 
to  be  published  in  such  newspaper  as  he  may 
designate.      {As  amended L.  1897,  Ch.  784). 

NoTK — See  White  Charier  §47,  as  to  present 
custody  of  city  seal ;  as  to  deputy  city  clerk,  §  15;  as 
to  publishing  procetdings.  §  2'j. 


§  16.  Special  meetings  of  common  council  The  presi- 
dent of  the  common  council,  or  a  majority  of  its  members  may  call 
a  special  meeting  by  causing  a  written  notice  thereof,  specifying  the 
objects  of  the  meeting,  to  be  served  by  the  city  clerk  upon  each  mem- 
ber personally,  or  by  mail,  directed  to  his  place  of  residence  or  place 
of  business,  at  least  twenty-four  hours  before  the  time  of  such 
meeting.     (/.  1S98,  Cli.  182). 

§  17.  Meetings  and  rules  of  common  counk-il  -The  com- 
mon council  shall  determine  the  rules  of  its  own  proceedings,  and  be 
the  judge  of  the  elections,  returns  and  qualifications  of  its  members. 
Its  meetings  shall  be  public  and  its  records  open  to  public  inspection, 
and,  except  as  herein  provided,  a  majority  of  all  its  members  shall  he 
a  quorum  for  the  transaction  of  business.  The  passage  of  an  ordi- 
nance, luiless  ollierwise  herein  provided,  shall  retiuire  the  affirmative 
vote  of  at  least  a  majority  of  all  its  members.     (/,.  1898.  Ch.  182). 

§  18.  Forbidden  acts  of  c<tmmon  coimcii  members — No 
member  or  committee  of  the   common  council   has   power  to  employ 


80  CiiAKiKR   Law  ok  thk 

White   ("harlei 

any  person,  incur  any  expense  or  purchase  any  material  for  or  on 
behalf  of  the  city  or  any  of  its  officers,  boards  or  commissions,  except 
as  otherwise  expressly  provided  in  this  act.     (Z.  1898,  Ch.  182). 

Officers  exceedifiR  their  powers — See  note  under  §  25  White  Charter, 
this  book,  post. 

^   19.     Ordinances  as  to  appropriations  and  franchises — No 

ordinance  shall  be  passed  by  the  common  council  on  the  same  dav 
in  which  it  is  introduced,  except  by  unanimous  consent,  and  no 
appropriation  of  money  shall  be  made  for  any  purpose,  except  by  an 
ordinance,  passed  by  two-thirds  of  all  the  members,  specifying  by 
items  the  amount  thereof  and  the  department  or  specific  purpose  for 
which  the  appropriation  is  made ;  and  no  ordinance  shall  be  passed 
making  or  authorizing  a  sale  or  lease  of  cit)'  real  estate  or  of  any 
franchise  belonging  to  or  under  the  control  of  the  city,  except  by  a 
vote  of  two-thirds  of  all  the  members  of  the  common  council  :  and 
in  case  of  the  proposed  sale  of  real  estate  or  the  proposed  sale  or  pro- 
posed lease  of  a  franchise,  the  ordinance  must  provide  for  a  disposi- 
tion under  proper  regulations  for  the  protection  of  the  city,  at  public 
auction,  after  public  notice  for  at  least  three  weeks,  to  the  highest 
bidder;  and  a  proposed  sale  or  proposed  lease  thus  originated  shall 
not  be  valid  nor  take  effect,  unless  the  aforesaid  notice  shall  have 
been  given  and  the  aforesai'd  disposition,  namely,  a  sale  at  public 
auction  to  the  highest  bidder  shall  have  been  had,  and  unless  sub- 
sequently approved  by  a  resolution  of  the  board  of  estimate  and 
apportionment.  No  such  franchise  shall  be  granted  or  be  operative 
for  a  period  longer  than  fifty  years.  {.As  arnendiui  I..  1902, 
Ch.  .77). 

When    the  legislature  confers  a   rijjht  of  franchise  subject  to  the 
assent  of  the  city,  such  assent,  when  granted,  cannot  be  revoked — 

Del.  I,.  &  W.  K.  K.  Co.  s>.  I'.uffal..,  (.5  Ihiii  .t^.). 

Tax  budj2;et  illeKal  unless  passed  by  required  vote — Kiik  vs.  McGuire, 
32  Misc.  596,  (1900). 


Cnv  OK   Rochester  31 

White  Charter 


§  20.  When  ordinances  become  operative — No  ordinance 
of  the  common  council  shall  become  operative  until  it  has  been 
enrolled  and  attested  by  the  clerk  and  signed  and  approved  in  writing 
by  the  mayor,  or  passed  over  his  veto,  and,  whenever  the  same  may 
be  necessar}',  promulgated  according  to  law  ;  and  every  ordinance 
imposing  a  penalty  or  forfeiture  for  the  violation  thereof  shall,  before 
the  same  shall  take  effect,  be  published  at  least  three  times  in  each 
week  for  two  successive  weeks  in  the  official  newspapers  of  the  city, 
provided,  that  in  case  of  insurrection,  riot,  pestilence,  conHagration 
or  other  public  necessity  requiring  immediate  operation  of  such  ordi- 
nance, it  shall  take  effect  as  soon  as  proclamation  thereof  has  been 
made  by  the  mayor,  and  it,  with  such  proclamation*  has  been  posted 
in  live  public  places  in  each  wartl  of  the  city.     (Z.  189S,  Ch.  182). 


Old  Charter 


i?  44.  Ordinances  as  evidence — Ever)- 
ordinance,  rule  and  regulation  of  the  common 
council,  and  of  the  executive  board,  im- 
])()sing  a  penalty  or  tine,  unless  a  different  time 
shall  he  prescribed  therein,  shall  commence 
and  take  effect  on.  and  not  before,  the  tenth 
day  after  the  day  of  its  adoption  or  passage, 
and  shall  continue  in  force  imtil  otherwise 
ordered  by  the  common  council  or  executive 
board  passing  or  adopting  the  same.  A  record 
or  entry  made  by  the  clerk  of  said  city,  or  of 
said  executive  board  or  a  copy  of  such  record 
or  entry  duly  certified  by  said  clerk  shall  lie 
prima  fiuic  evidence  tiiereof.  Such  record  or 
entrv,  and  all  laws.  regulati(^ns  and  ordinances 
and  any  act,  resolution,  by-law,  rule  or  pro- 
ceeding, and  any  recital  of  any  occurrence 
taking  place  at  any  meeting  of  the  common 
council  or  said  executive  board,  may  be  read 
in  e\  idence  in  all  courts  of   justice,  and   in   all 


3*2  (iiAKiiK    Law  ok  thk 

Old  Charter 

Ordinances  as  evidence— Coniinued 

proceed inj^s  before  any  officer,  body  or  board, 
in  which  it  shall  be  necessary  to  refer  thereto, 
either  : 

1.  I'roiu  a  copy  thereof,  certified  by  such 
clerk,  in  case  it  is  signed  by  the  city  clerk  with 
the  seal  of  the  corporation  affixed,  and — 

2.  From  the  volume  printed  by  authority 
of  the  common  council  or  said  executive 
board,  and  any  printed  volume  or  pamphlet 
which  purports  to  be  a  copy  of  such  ordi- 
nances, resolutions,  proceedings  or  minutes, 
shall  also  be  received  as  presumptive  evidence 
thereof,  and  of  the  due  adoption  and  publica- 
tion thereof  when  required  at  the  time  therein 
purported,  and  provided  such  pamphlet  or 
volume  purports  to  have  been  published  by 
order  or  direction  of  the  common  council  or 
the  executive  board,  or  to  contain  such  ordi- 
nances, resolutions,  proceedings  or  minutes. 
In  every  court  held  by  said  police  justice  and 
said  municipal  court,  judicial  notice  shall  be 
taken  of  every  ordinance  aforesaid.  (As 
amended  L.  1890,  Ch.  561). 

Minutes  of  common  council  only  prima 
facie  evidence— lk-11  vs.  City  of  Vonkers,   78   Hun 

Documentary  evidence  —  See  Code  of  Civil 
Procedure,  §  1^41. 


§  21.  Ordinances  subject  to  the  mayor's  veto  power — 
Ever}'  ordinance  of  the  common  council  shall,  innnediately  upon  its 
enrollment  and  signature  by  the  president  and  clerk,  be  presented  by 
the  clerk  to  the  mayf»r.  If  he  approve  it,  he  shall  sign  it  and  retinn 
it  to  the  clerk,  and  it  shall  take  effect.  If  he  neglect  to  approve, 
sign  and  return  it  to  the  clerk  within  ten  days  after  receiving  it,  and 
he  does  not  disapprove  it  within  that  time  as  herein  provided,  then  it 
shall  take  effect  as  if  he  had  approved  and  signed  it.  If  he  disap- 
prove it,  he  shall,  within  the  same  time,  return  it  to  the  clerk  with  his 


(IIN     Ol      Koi  HKSTKR  :i8 

WMt.     (   liarter 

objections  in  wrilin;^.  and  the  clerk  Nhall  present  tlie  same  with  such 
objections  to  the  common  council  at  its  next  regular  meeting;  and 
then  the  common  council  shall,  within  thirty  days  thereatter.  recon- 
sider the  same ;  and  unless-  three-fourths  of  all  the  members  of  the 
common  council,  and  if  a  greater  number  of  members  were  nece.ssan", 
according  to  the  prov  isions  of  this  a(  t.  for  the  original  passage  of  the 
ordinance,  then  as  many  members  as  were  requisite  for  the  original 
passage  of  the  ordinance,  shall  vote  to  pass  the  ordinance,  it  shall 
not  take  effect:  but  if  the  requisite  number  of  members  so  vote,  then 
the  ordinance  shall  take  effect  as  if  approved  and  signed  by  the 
mayor.  When  an  ordinance  appropriating  money  contains  several 
items,  and  when  an  ordinance  embraces  more  than  one  distinct  sub- 
ject, the  mayor  may  approve  the  pro\  isions  relating  to  one  f)r  more 
items  or  one  or  more  subjects  and  disa])pro\e  the  others.  In  such 
ca.ses  those  items  or  subjects  which  he  shall  approve  shall  become 
effective,  and  those  which  he  shall  not  aj^prove  shall  be  reconsidered 
by  the  connnon  council  and  shall  only  become  effective  if  again 
passed  by  it  as  above  provided  ;  and  the  foregoing  provision  in 
reference  to  approval  and  disapproval,  and  failure  to  return  an  ordi- 
nance within  ten  days  aftir  the  receipt  of  the  same,  shall  be  applicable 
to  and  govern  su<  h  c.ises.      i  /..   iS<)S,  ('//.   iSj). 

Mayor  must   state  reasons   for  veto-     rm.v.i.i,  .1,.     ^^ 

I  Inn  574. 

Law  must   be  strictly  construed   as  to  action  on  veto      (tltiison  va. 

I'curless  Mamif.  Lu.  1   .\pi).  Uiv.  .:57  ;  aHiiiucil,  H<}  .\.  \.  374. 

NoTK — The  Old  Charter  ouilintd  a  different  procedure  for  the  conNideraiion 
of  the  common  council  ordinances  by  the  mayor,  and  extended  the  veto  power 
over  the  acts  of  the  hoard  of  education  as  follows  : 


§  48.  Veto  power  of  the  mayor  — 
Before  any  ordinance,  resolution  or  order 
of   the   connnon   council    concerning  any  pub- 


34  CuAKTKK   Law  ok  thk 

Old  Charter 

Veto  power  of  the  Mayor     (  <jntinued 

lie  iniproveinent,  or  for  the  payment  of 
money,  or  any  ordinance,  resolution  or  act 
of  a  legislative  character,  passed  by  the  com- 
mon council,  shall  have  any  force  or  effect,  a 
transcript  of  such  ordinance,  resolution,  order 
or  act  shall  be  presented  to  the  mayor  for  his 
approval.  If  he  approves,  he  shall  indorse 
his  approval  thereon  in  writing  and  sign  such 
approval ;  if  he  disapproves,  he  shall  return 
such  transcript  to  the  common  council  or 
clerk  thereof,  with  his  objections  and  reasons 
for  disapproval,  in  writing,  which  shall  be 
filed  by  the  clerk,  and  the  common  council 
shall,  within  thirty  days  thereafter,  proceed  to 
consider  such  veto,  and  if  the  same  shall  be 
overruled  by  a  two-third  vote  of  all  the  mem- 
bers of  the  common  council  then  in  office, 
the  matter  vetoed  shall  have  full  force  and 
effect,  notwithstanding  the  objections  of  the 
mayor.  If  any  ordinance,  resolution  or  act 
shall  consist  of  one  or  more  items  or  parts, 
any  of  the  items  or  parts  may  be  vetoed  by 
such  mayor.  If  any  such  transcript  with  such 
objections  and  reasons  shall  not  be  returned 
by  the  mayor  to  the  common  council  or  clerk 
within  five  days  after  the  transcript  shall  have 
been  presented  to  him.  Sundays  excepted, 
such  ordinance,  resolution,  order  or  act  shall 
have  full  force  and  effect  in  like  manner  as  if 
duly  approved  by  the  mayor,  unless  the  term 
of  office  of  the  mayor  shall  expire  within  five 
days  after  such  transcript  shall  have  been  pre- 
sented to  him.  in  which  case  such  ordinance, 
resolution  or  act  shall  have  no  force.  The 
provisions  of  this  section  are  hereby  made 
applicable  to  all  acts,  resolutions  or  orders  of 
the  board  of  education  done  or  passed  by  said 
board,  and  all  returns  of  transcripts,  with  the 
approval  or  disapproval  of  the  mayor  and  his 
objections,  shall  be  made  to  the  board  of  edu- 
cation or  to  the  clerk  thereof  ;  but  this  section 
shall  not  apply  to  any  penal  ordinance,  rule  or 
regulation,  nor  to  any  action  of  the   common 


dry  OK  Rochester  35 

Old    riiartf-r 

council  in  relation  to  appointments  to,  or 
removals  from,  office,  or  to  the  reduction  of 
the  number  of  policemen.  (.-Is  ametiiied  /.. 
1897,  C/i.  784). 

Hoard  of  education  subject  to  provisions  of  Old 
Charter  (L.  1S98.  Ch.  660.  §  126);  White  Charter 
continues  and  enlarges  powers  of  mayor  (§  50. 
See  also  Pryor  vs.  City  of  Rochester,  166  N.  Y.  548): 
powers  of  board  of  education  not  enlarged  by  White 
Charter;  consistent  statutes  continued  by  White  Char- 
ter {§  483). 

§  22.  Ordinances  shall  be  recorded  -Every  ordinance  shall, 
within  a  reasonable  time  after  it  becomes  a  law.  as  herein  provided,' 
be  recorded  in  a  book  kept  for  that  purpose  bv  the  clerk.  Such 
record  shall  include  the  signature  of  the  president,  attestation  of  the 
clerk  and  the  mayor's  written  approval,  or  in  case  of  his  disapproval, 
a  memorandum  of  its  passage  over  his  veto ;  or.  in  ca.se  the  ordinance 
took  effect  because  he  failed  to  approve  or  disapprove  and  return  it 
within  the  ten  days,  then  a  memorandum  to  that  effect;  and  as  soon 
as  the  due  publication  is  complete  a  certificate  thereof  shall  be  added 
to  such  record.  .Such  record,  or  a  certified  copy  thereof,  shall  be 
presumptive  evidence  of  the  passage  of  an  ordinance.  (Z.  1898, 
C/i.    182). 

§  23.  Violations  of  ordinances  a  misdemeanor;  actions 
for  >'iolations  .\ny  person  violating  an  ordinance  of  the  common 
council  shall  be  guilty  of  a  misdemeanor,  and  the  common  council 
may  provide  by  a  general  ordinance,  or  in  any  ordinance,  that  any 
person  guilty  of  such  violation  shall  be  liable  to  fine  which  shall  not 
exceed  one  hundred  and  fifty  dollars  in  amount,  or  to  impri.sonment 
not  exceeding  one  himdred  and  fifty  days,  or  to  pay  to  the  city  a 
penalty  not  exceeding  \\\{i  himdred  dollars  to  be  recovered  in  a  civil 
action,  or  to  both  fine  and  impri.sonment.  The  city  may  maintain  an 
action  in  a  court  of  competent  jurisdiction  to  restrain  by  injunction 
the  violation  of  anv  ordinance   of  the    common  council  or  of  the  com- 


;U»  CllAKI  KK     I,  \U     f>K     rilK 

White   t    li;irlir 

missioner  in  charj^^c  ot  the  health  clepartiiicnt.  notwithstanding  that  an 
ordinance  may  provide  a  penally  for  its  violation.  {^s  amended 
I..  1S99.  Ch.  581). 

For  jurisdiction  of  police  justice  over  \  iolations   of    ordinances, 

set-  g  v»5  NVhite  Cliaritr,  this  book,  post. 

Old   Charter 

>;  43.  Common  council  may  prescribe 
penalties  and  enforce  same — \\  here.  In  the 
pro\isions  of  this  act.  the  common  council 
have  authority  to  pass  ordinances  on  any  sub- 
ject, they  may  prescribe  any  penalty  or  penal- 
ties, not  exceeding  one  hundred  and  fifty 
dollars  in  amount,  except  when  a  penalty  is 
herein  otherwise  provided  for,  for  a  violation 
thereof,  and  may  prescribe  and  provide  such 
penalty  or  penalties  that  the  offender  shall 
be  subject  to  a  fine  of  not  less  than  a  sum 
fixed  ])y  them,  and  not  more  than  some  certain 
sum  likewise  fixed  not  exceeding  said  one 
hundred  and  fifty  dollars,  to  be  imposed  by 
the  police  justice  or  judge  or  court  before  whom 
a  suit  for  such  penalty  or  penalties  is  brought. 
The  amount  so  imposed  to  be  in  the  discretion 
of  such  justice,  judge  or  court,  but  within  the 
limits  of  the  sums  so  fixed;  and  said  common 
council  may  also  provide  that  the  offender,  on 
failure  to  pay  the  penalt\  recovered,  shall  be 
impri.soned  in  the  Monroe  county  penitentiar)' 
for  a  term  not  exceeding  one  hundred  and 
fifty  days,  which  penalty  may  be  sued  for  and 
recovered,  with  costs,  in  the  name  of  the  city 
of  Rochester ;  the  duration  of  the  imprison- 
ment may,  unless  otherwise  specified  in  the 
ordinance,  be  determined  by  such  justice, 
judge  or  court  at  tlie  time  the  judgment  is 
entered,  but  shall  be  within  the  limits  afore- 
said, and  of  the  ordinance  passed  by  said 
common  council.  Every  execution  upon  a 
judgment  recovered  for  any  penalty  or  forfeit- 
ure imposed  for  the  violation  of  any  ordinance 


ClIV    OF     ROCHKSTKR  37 

of  the  corporation  may  be  issued  immediately 
on  the  rendition  of  the  judgment,  and  shall 
command  the  amount  to  be  made  of  the  per- 
sonal properly  of  the  defendant  within  the 
city,  not  exempt  from  levy  and  sale  under  an 
execution,  if  any  such  can  be  found,  and  if 
not,  then  to  commit  the  defendant  to  the  Mon- 
roe county  penitentiary  for  such  time  as  shall 
have  been  directed  by  the  common  council  or 
such  justice,  judge  or  court  as  herein  provided, 
and  may  be  issued  to.  and  enforced  by.  any 
member  of  the  police  department  of  the  city. 
And  the  police  justice  or  police  clerk  of  the 
city  of  Rochester  may  issue  an  execution  upon 
any  judgment  heretofore  or  hereafter  rendered 
by  a  police  justice  of  said  city.  ( -7j"  amcihifti 
/-.   iS()o.  Ch.  561  I. 

§  24.  Executive  functions,  Hn  nn  honi  exercised  When- 
ever an  executive  or  administrali\e  function  shall  be  required  by  an 
ordinance  of  the  common  council  to  be  performed,  the  same  shall  be 
performed  by  the  proper  executive  or  administrative  officer  or  depart- 
ment, to  be  designated  in  the  orclinance.  and  in  case  no  such  designa- 
tion be  thus  made,  the  mayor  shall  make  the  same.  ( /..  1898, 
Ch.    182). 

Omission  ol  diit\  \>\  public  oiiitLT  a  inisilcintaiiDr  -IVnal  (.'dde, 
§  '51 

Commission   ol   proiiii^ited  act  a  niisdcnu-anor     I'.nal  Cidf.    §  155. 

^  It,.  Common  council  may  reji^ulate  duties  of  officials 
and  investigate  dep.'irtments  The  counnon  council  may.  by 
ordinances  passed  by  two-thirds  of  all  its  members,  not  inconsistent 
with  thr  provisions  of  this  act.  or  other  laws  of  the  state,  regulate  the 
powers  and  dvities  of  any  city  ofticer  or  department;  and  it  has  |X)wer 
to  investigate  all  city  officers  and  departments,  and  .shall  have  access 
to  all  records  and  papers  kept  by  every  city  officer  or  department,  and 
has  power  to  compel  the  attendance  of  witnesses  and  the  production 


JJiltialo 


'.iX  ClIAKTI  K     I.WV     (»K    THK 

White  CMiartcr 

of  hooks.  j)apers  or  other  c\  iclcncc.  at  any  meeting  of  the  coininon 
council,  or  of  any  committee  thereof,  and  for  tliat  purpose  may  issue 
subpctnas  signed  by  its  president.     ( /,.    1898.    C'/i.    1S2). 

Municipal  corporation  not  bound  where  the  officers  fail  to  pursue 
strict  rct|uirenicnts  of  law  under  which  they  are  acting  and  no  subsequent  act  can 
bind  the  corjjoration — Smith  vs.  City  of  Xewburgh,  77  N.  V.  130;  Dickin.son 
vs.  City  of  Foughkeepsie,  75  N.  V.  65;  McDonald  vs.  Mayor.  6S  N.  V.  23; 
Village  of  Fort  Kdward  vs.  Fish,  156  N.  V.  363. 

§   26.     Creation  of  temporary  and  funded  debts      The  com 

men  council  is  authorized  to  create  tempcjrary  and  funded  debts  on 
the  part  of  the  city  for  the  various  purposes  authorized  or  contem- 
plated by  this  act  and  otherwise  by  law.  The  creation  of  temporary 
and  funded  debts  is  governed  by  the  provisions  of  the  municipal  law, 
being  chapter  six  hundred  and  eighty-five  of  the  laws  of  eighteen 
hiuulred  and  ninety-two  and  the  amendments  thereto,  except  as  other- 
wise provided  by  this  act.  An  ordinance  authorizing  a  funded  debt 
shall,  before  it  can  take  effect,  be  submitted  to  and  approved  by  the 
board  of  estimate  and  apportionment  by  an  affirmative  vote  of  at 
least  four  members  of  the  board.  Kver}-  funded  debt  shall  be  issued 
in  such  amounts  and  shall  fall  due  at  such  times  tlial  the  principal  of 
the  same  shall  be  fully  paid  in  twenty  equal  annual  payments,  the  last 
of  which  shall  become  due  at  the  end  of  twenty  years  after  its  issue. 
Nor  shall  any  such  annual  payment,  nor  all  of  them,  be  refunded,  but 
provisions  shall  be  made  for  their  payment  in  the  year  in  which  each 
fall  due,  by  insertion  of  the  proper  sum  in  the  annual  estimates  for 
the  year  in  question,     (.-is  nmt'nJcd  /..  1899.  C/i.  58  11. 

As  to  funded  debts  and  municipal  bonds,  see  Cieneral  Mmiu  ipal  Law, 
§§  4-"''- 

Funded  debt  defined — People  e.x  rel.  Peene  vs.  Carpenter,  31  -App.  Div. 
603   (i8y8). 

Money  to  pay  bonds  must  be  pro\  ided — Marsh  \s.  Town  of  Little 
Vallev.  64  N.  V.  112  (1876). 


Cnv  oi    R(MHKSTKK  39 

White  Charter 

Provisions  as  to  funded  debts  an  enablin];  act  for  cities    City  of 

Protection  of  municipal  bond  holders — I..  iS<,5.  Ch.  -i)2. 

Limitation  of  cit\  debt — Smt.  <".>n^iitiiii..ii.  Art.  Vlll.  §  lo. 

Power  to  borrow  money  limited  by  law — Wells  vs.  Town  of  Salina. 
1  i<>  N.  ^'.  280;  distinguished,   Birge  vs.  Berlin    Iron   Bridge  Co.   133    N.  V.  477 

(i.S()2).  at  p.  4S6. 

Constitutional  debt  limit  discussed   «:cnerally— Kr«.nsl>ein  vs.  City 

of  Kochester,  j(>  .Vpi).  l>i\.  4'<4. 

§  27.  Vacancy  in  office  of  alderman.  ;iiul  expulsion  of 
members — In  ca.se  of  a  failure  to  elect  an  alderman  of  any  ward  at  a 
proper  election,  and  in  case  of  a  vacancy  from  any  cause  in  the  office 
of  alderman  from  any  ward,  the  common  council  may  choose  a 
qualified  resident  of  the  s;ime  ward  to  till  the  office  for  the  term  or  the 
remainder  thereof.  lUit  in  case  of  a  \  acancy  from  any  cause,  except 
for  a  failure  to  elect,  the  person  so  cho.sen  must  be  of  the  same  politi- 
cal party  as  the  alderman  whose  place  he  is  chosen  to  fill.  The 
common  council  may  compel  the  attendance  of  ah.sent  members  at 
any  meeting'  properly  called  and  may  punish  or  expel  a  member  for 
di.sorderly  conduct,  for  a  violation  of  its  rules,  or  for  official  miscon- 
duct, or  declare  his  seat  vacant  by  reason  of  absence,  provided  such 
absence  has  continued  for  the  space  of  two  months;  but  no  expulsion 
shall  take  place,  and  no  vacancy  on  account  of  absence  be  declared, 
except  by  the  vote  of  three-fourths  of  all  ih<'  members  of  the  common 
council,  nor  until  the  delinquent  member  has  had  an  opportunity  to 
be  heard  in  his  defense.      (/..   itS<).S.  ( //.   162). 

Vacancies  jcenerally     S<e  Public  <>ffiiers  I  .aw.  §  ;o. 

§  2S.  l^gislatiNe  acts  to  be  h\  orJipantcs  on  %  ea  and 
nay  vote     .All  the  legislative  acts  of    the  common  council  shall   l->e 


40  (    11  \K  IKK     !.  \U      Ml       I  UK 


Whii. 


l)y  ordinances,  and  on  the  passage  of  e\ery  ordinance,  the  yeas  and 
nays  of  the  members  shall  he  taken  and  entered  in  full  in  the  journal. 
(  /..   i8(,S.  (•//.  1.S2). 


^  2().  Desijjnation  of  official  newspaper — .\t  the  first  meet- 
ing of  the  common  council  after  the  election  of  its  members,  it 
shall,  by  a  7/7(7  voce  vote,  designate  two  daily  newspapers  published 
in  the  city  to  be  the  official  papers  of  the  city.  Kach  member  shall 
be  entitled  to  vote  for  one  of  the  papers,  and  the  two  papers  having 
the  highest  number  of  votes  shall  be  the  official  papers  for  two  years 
and  until  others  are  designated.  Such  papers  shall  publish  the  pro- 
ceedings and  ordinances  of  the  common  council  and  all  other  matters 
required  by  law.  or  by  ordinances  of  the  city  to  be  published.  In 
case  any  of  the  ofiicial  papers  shall  refuse  or  fail  to  act  or  perform  as 
such,  the  common  council  may  designate  another  paper  in  its 
place.  Provided  that  if  any  city  contains  a  population  of  less  than 
ninety  thousand  inhabitants  as  appears  by  the  last  slate  enumeration, 
instead  of  the  proceedings  above  set  forth,  the  common  council 
shall,  within  thirty  days  after  the  first  meeting  of  its  members,  meet 
and  designate  by  7-ivn  -•occ  vote  the  two  daily  newspapers  published 
in  the  said  city  which  haxe  the  largest  circulation  and  are  of  opposite 
political  faith  and  also  the  two  weekly  newspapers  published  in  the 
said  city  which  have  the  largest  circulation  and  are  of  opposite  polit- 
ical faith  as  the  official  newspapers  of  the  city,  for  two  years  and  until 
others  are  designated.  The  official  newspapers  heretofore  designated 
in  a  city  which  contains  a  population  of  less  than  ninety  thousand 
inhabitants  as  aforesaid,  shall  continue  as  such  until  the  day  herein 
fi.xed  for  the  first  designation  of  official  newspapers  and  shall  then  cease 
It)  be  the  official  newspapers,  unless  again  designated  as  herein  pro- 
vided. All  bills  aixi  accounts  for  publication  in  official  newspapers, 
and  all  citv  printing  and  advertising  shall  be  a  city  charge,  and  shall 


("nv  oi     KociiKsiKR  41 

Wliili-    <    11. Ill-  r 

be  paid  by  the  treasurer  upon  the  audit  r.f  the  comptroller,  (.-/x 
(ii/irn(/f(/  /..  i')03.  C/i.  182). 

The    president    of   the   common    council  cannot  \ote  for    official 

newspaper — IV-i.plc  f.\  nl,  Argn-  Co.  v>.  Itn.->lcr.  70  App.  i»i\.  JVM  :  amrm-d. 
171   N.  V.  302. 

Chan^in}!;  paper  after  designation— l'ci>i)le  ex  rel.  L'nion  and  Adver- 
tiser C<>.   vs.  Hoard  of  Siiptrrvisors  of  .Monroe  Couiiiv.  (>o  Hun    ^2S. 

§  30.  Chanjjin^  name  or  jjrade  of  streets — The  conunon 
council  .shall  not  alter  the  name  of  any  street  (except  upon  a  petition 
of  a  majority  of  the  owners  of  abutting  lots),  nor  shall  it  change  the 
grade  of  any  street  which  has  been  legally  established,  except  u[X)n 
a  vote  of  twr>-thirds  of  all  the  members  of  the  common  council,  and 
except  also  upon  comjiensation  for  damages  done,  to  be  ascertained 
as  damages  are  ascertained  under  the  condemnation  law  for  lands 
taken.      (As   nntrnJiuI  I..  1901.  Cli.  552). 

§  31.     Ordinances  prior  to  January  1st,  1Q(N) — Ihe  common 

council  shall,  prior  to  the  year  nineteen  hundred,  pass  ordinances,  to 
take  effect  januan,-  first,  nineteen  hundred,  to  give  effect  and  operation 
to  the  provisions  of  this  act:  but  it  shall  not  at  any  lime  pass  any 
ordinance  directing  or  interfering  with  the  exercise  of  the  executive 
functions  of  the  otVicers.  departments  and  boards  of  the  city  as  pro- 
vided bv  this  act  or  the  other  laws  of  the   state.     (/.  189S.  Ch    1  S '  >. 

i^  32.  Printing  and  distribution  of  minutes  of  common 
council — The  minutes  of  each  meeting  of  the  tonunon  council  shall 
be  printed  in  full  within  six  days  after  its  adjournment  and  imniedi- 
atel\  distributed,  one  to  the  m.iyor.  one  to  each  member  of  the  com- 
mon council,  one  to  the  head  of  each  department,  and  one  to  ever)' 
la.xpayer.  entitled  thereto  imdcr  section  four  hundred  and  seventv-two 
of  this  act.  .\t  the  end  of  the  year  the  printed  minutes  shall  Ik* 
indexed  and  bound  in  adequate  number.      (/,.  1898.  Ch.  182). 


42  CiiAKiKK    Law    <)i     ihk 

White  (liarttr 

§  33.  Appointments  by  viva  voce  vote  All  appointments 
or  clesi<:jnati()iis  mack-  by  the  coinnion  council  shall  be  by  t/7'(T  voce 
vote.     (Z.  189.S.  Ch.  182). 

§  34.     Ordinances   and    bonds   for    local    inipro\  ements — 

The  coniinon  couiicil  nia\ .  b}-  and  with  ihe  acK  ice  and  consent  of 
the  board  of  estimate  and  apportionment,  tix  and  determine  the 
amount  and  proportion  of  the  expense  which  shall  be  borne  by  the 
city  at  large  for  opening,  altering,  grading,  curbing  or  paving  a  street, 
or  for  constructing  a  public  sewer  therein,  which  is  not  less  than 
twent)'  inches  in  diameter.  The  amount  and  proportion  of  the  ex- 
pense of  such  improvements  which  shall  be  borne  by  the  city  at  large 
shall  be  assessed  and  charged  against  and  upon  the  real  and  personal 
property  liable  to  taxation  in  the  city.  Such  amount  may  be  inserted 
in  the  tax  budget  and  raised  liy  tax.  or  it  may  be  borrowed  and  raised 
by  the  city  by  the  issuing  of  its  bonds  in  accordance  with  the  pro- 
visions of  section  twenty-six  of  this  act,  as  shall  be  determined  bv  the 
board  of  estimate  and  apportionment.  The  moneys  to  |)av  such 
bonds  when  due,  together  with  the  interest  accruing  thereon  from 
time  to  time,  shall  be  rai.sed  by  taxation  as  other  moneys  are  rai.sed 
by  taxation  in  the  city  and  shall  be  paid  into  the  general  funds  of  the 
city.  Such  bonds  as  they  mature,  tf)gether  with  the  interest  thereon, 
shall  be  paid  out  of  said  general  funds.  The  proportion  of  the 
expense  which  is  not  borne  by  the  city  shall  be  assessed  and  charged 
upon  the  property  benefited  bv  such  improvements  as  hereinafter 
provided.     {As  amended  L.  1899,  Ch.  581 ). 

Note — §§  35-4'.  inclusive,  omitted  in  White  Chaittr  as  lirst  eiiaLted. 
Powers  of  common  council  over  streets — §§  125.  143,  146.  and  i4<). 

W'liile  chartt-r,  this  hook,  f-osl.      Sec  Index. 

I.\  ADDITION  TO  THE  PROVISIONS  OK  THK  CHARTKK,  t)IHKR  I.AWS 
PROVIDE  THAT  THE  COMMON  COUNCIL  MAY: 

Build   canal  bridges — The  Canal  l,a\v,  «}§  117-iiS. 


Cnv    OK    KcuUKSIKK  43 

I'owt-rs  of  common  council — ('ontinut-d 

Build  river  bridges— I..  iSSS,  Ch.  y.-,;   I..  iS()2,  Ch.  51.;- 

Submit  question  to  people  of  building  bridges-  General  City  l^w. 

§§  70-.S0. 

Collect    license    fees   from  persons  selling;  goods  on  the  canal — 

General  City  Law,  5;  S. 

Acquire  land  for  cemeter\  purposes — I..  iS6(>,  ("h.  727;  amended 
L.  1870,  Ch.  760;  §§  ::  and  3  re-enacted,  L.  1S73,  Ch.  4^2  ;  amended  I..  1.S75,  Ch. 
20C;    I,.  iSr,2,  Ch.  51S:     I..  iS()S.  Ch.  5(1. 

Pass  ordinances  for  enforcement  01  act  reiatinv;  to  storage  of 
oils — Domestic  Commerce  Law.  i;  j;, 

Prevent  encroachments  in  (jenesee  ri\er— I..  iSf.;.  ch.  <^>3i),  §  7. 

Direct  lease  of  public  buildings  at  nominal  rent  to  \eteran  organ- 
izations— (ieneral  Miiniciiial  Law,  §  jfi;    White  Charier.  §  132. 

Levy  annual  taxes   for   private   parks     L.  iS.So,  Ch.  </);  a.s  amended 

L.   iSSS.  Ch.   imS;    I,.   i.SS.i.  Ch.   I  10 

Issue  bonds  for  advances  upon  local  assessments      I     l^^:  ch    k.s 

Erect  and  maintain  life  sa\ing  apparatus  on  ri\er  or  other  waters 
—  L.  it>oo,  Ch.  ;,.»-■ 

By  its  committees  conduct  in\  estigations,  administer  oaths  and 
summon    witnesses-   1  )M    (   h.ut.i.    §§    2.S2.    2S3;   .see  .iI.mi   (.eneiai    City    liiw. 

§§  5  :• 

Prevent   the   use    of  soft    coal    in   public    institution.s     ( ..  lural   Citv 

Have  hearing  on  cit_>  bills  received  ironi  legi.slature  (ieneral 
City  I-Tw,  §§  .p-35- 

Appropriate    money    for    support    of    charitable    institutions        L. 

iSijj,  Cli.  754;  a.s  anuiulid  L.  ijoj.  <'li.  155. 

Appropriate  $10, 000  nnnuall\    for  the   purchase  of  works  of  art 
(ieneral  Cit\    1  .iw  .  !j    1  .-. 

Establish  and   maintain   libraries — (ieneml  Municipal  I.aw.  §  24. 


44  fHAK  1  Kl<     L  \U     ()|       IHK 

I'owers  of  iiiinniDii  roiiiu.il — L'ontiniied 

Adopt    voting   machines     l.kctioii  Law.  §§  16^166,  inclusive. 

Ai  in-  kMI  N     M  \N  : 

Have  powers  of  fence  \iewers  in  to>%ns — Tciwn  I.iw.  is  1  ;) 

Solemni/e  marriage     I  >>>nnst  it    Kchiti'ms  law.  5  n 

Receive  from  fi\e  to  ten  copies  of  election  lists — Kl.ttion  I.aw,  §  6: 

Not  be  interested  in  contracts — (iL-neral  City  Law,  §  jj. 

Consent  to  bindinj;  apprentices— Domestic  Relations  Law,  §  73. 

Command   mobs  to  disperse— (Ode  of  Criminal  I'lm..  §  106. 

Old   Charter 

■J  ;^i.  Resijinations  to  be  made  to 
common  council  Kcsi^nation  by  any  officer 
authorized  to  be  chosen  or  appointed  by  this 
act  shall  be  made  to  the  common  council  of 
the  city,  subject  to  their  approval  and  accept- 
ance.     (/,.  i<S8o,  Cli.  14). 

i5  35.  Vote  of  aldermen  ;  presence  of 
mayor  at  meetings  In  all  proceedings  of 
the  common  council  each  member  present 
shail  have  a  vote.  The  mayor  shall  be  entitled 
to  be  present  at  all  meetings  of  the  common 
council,  but  shall  have  no  vote.  (/,.  1880, 
Ch.  14). 

;i  3(1.  Common  council  meetings; 
when  public:  minutes  and  rules  i'he 
sitting  of  the  comnmn  council  shall  be  |)ublic, 
except  when  the  public  interest  shall,  in  its 
opinion,  require  secrecy.  The  minutes  of  the 
proceedings  shall  be  kept  by  the  clerk,  and 
the  same  shall  be  open  at  all  time  to  public 
inspection.  The  said  board  shall  prescribe, 
from  time  to  time,  such  rules  to  go\ern  the 
proceedings  as  it  shall  deem  ad\is:ible.  ( /.. 
18S0.  Ch.  14.) 


C'riv  OK   Ko(  iihsiKk  45 

old    (    li.ul.i 


§  39.  Ineligibility  of  aldermen  to  hold 
office;  city  officers  not  to  be  interested 
in  contracts  NO  member  of  tlie  mmmon 
council  sliall.  cliirin<;  the  period  fur  which  he 
was  elected,  be  capable  of  holding,  under  the 
appointment  or  election  of  the  common  coun- 
cil. an\-  olfice  tiie  emoluments  of  which  arc 
paid  from  the  city  treasury  or  paid  by  fees  or 
c(;mpensation  directed  to  be  paid  by  any  act  or 
ordinance  of  the  common  council,  nor  shall 
the  mayor  or  any  alderman,  or  school  commis- 
sioner, or  member  of  the  executive  l)oard.  or 
of  the  board  of  health,  be  directly  or  indirectly 
interested,  as  principal,  surety  or  otherwise,  in 
any  contract,  the  expense  or  consideration 
whereof  is  to  be  paid  under  any  act  or  ordi- 
nance of  the  common  council,  or  out  of  the 
city  treasury ;  but  this  shall  not  affect  the 
right  to  any  fees  or  emoluments  belonging  to 
any  oIVk  e.      (/.  iSSo.  Ch.  14). 

Cit\  officers  shall  not  be  Interested  in  pub- 

lie  ccmtracts  (i' in  l.il  <  it\  law.  $  ;  \\  lni<- (  Imu.  t. 
*}  .(55.  tins  book.  post. 

Contracts  in  which  iiuinicipal  oitici-rs   are 
intert'Stcci    arc    n  oid    as   aj^ainsl    puhlic    policy 

—  I'iilcMi'-.    M  uni.  i|p.ii   (    ..r  |»i.i.i,n.|i^,  v.-    (i). 

Illegal  contracts  cannot  be  enforced— I'ai 

soriN  on  CDiitracis.  \..|.  jj.  p.  7S.;;  (liiiiy  on  (  ontract.s. 
I  lib  Am.  luln..  p.  >)-\  ;  ronu-roy  on  C'ontrai  is.  p.  37;  ; 
Hell  vs.  l,eggett<i  7  N.  V.  176;  .Sedgwick  vs.  Stanton, 
14  N.  V.  ;<).S;  Dewiit  vs.  Itrisbane,  16  N.  V.  512; 
People  fx  ril.  Coiighlin  vs.  (ili-ason.  in  \.  V.  ^^i. 

Mi.sdemeanor  for  public  off  leer  to  be  inter- 
ested in  public  contracts     V<\\.\\  Cxlr.  ?  |    : 

§  40.     (ieneral    powers    and    dulic-i   of 
common     council  The     i()nwn«)n    council 

sh.ill  li.iM-  the  Mi.magement  and  control  of  the 
fi.scal  and  prudential  affairs  of  said  city,  ami  of 
all  property,  real  and  personal,  belonging  to  the 
city,  and  may  make  such  orders  and  i)y-laws 
relating  to  the  same  as  it  shall  deem  proper 
and  necessar)- :  and  further,  it  shall  ha\e  power 


4(i  CHAKiik    Law   oi     iiik 

<  »1(1   Charter 

to  make,  inociify  and  repeal  mkIi  ortlinances, 
by-laws  and  regulations  as  it  may  deem  desir- 
able within  the  said  city  for  the  following  pur- 
poses : 

1.  Public  peace  and  morai.itv  —  To 
prevent  vice  and  immorality;  to  preserve  pub- 
lic peace  and  good  order :  to  prevent  and 
quell  riots,  disturbances  and  disorderly  assem- 
blages.    (Z.  1880,  Ch.  14). 

2.  Disorderly  houses,  (; am ulinc;,  etc. — 
To  suppress  disorderly,  gaming  and  bawdy 
houses,  instruments  and  devices  used  for 
gaming,  billiard  tables  and  bowling  alleys,  and 
punish  gaming.     (Z.  1880,  Ch.  14). 

3.  Intoxicating  liquors — To  forbid  and 
prevent  the  vending  or  other  disposition  of 
liquors  and  intoxicating  drinks  to  be  drank  in 
any  canal  boat,  store  or  other  place  not  duly 
licensed ;  and  to  forbid  the  selling,  or  giving 
to  be  drank,  any  intoxicating  liquors  to  any 
child  or  young  person,  without  the  consent  of 
his  or  her  parents  or  guardian.  (Z.  1880, 
Ch.  14). 

4.  Sports,  exhihiiions,  etc. — To  license 
and  regulate,  or  prohibit  sports  and  the  exhi- 
bition of  shows  of  every  kind,  including  cir- 
cuses, theatrical  exhibitions  or  representations, 
exhibition  of  natural  or  artificial  curiosities, 
caravans  of  animals,  and  all  other  public  per- 
formances and  public  exhibitions  for  money, 
and  to  prescribe  the  terms  and  conditions  upon 
which  licenses  shall  be  granted,  and  to  pro- 
hibit all  unlicensed  persons  from  taking  part 
in,  or  conducting,  managing  or  controlling  the 
same.  The  licen.se  fee  to  be  imposed  shall  be 
in  the  discretion  of  said  common  council,  but 
shall  not  be  at  a  rate  exceeding  seventy-five 
dollars  for  a  single  performance,  or  five  hun- 
dred dollars  per  year,  and  at  that  rate  for 
quarterly  periods  for  the  year.  (^As  amended 
L.  1890,  Ch.  561). 


City  ok   Rochestkr  47 

Old  Charit-r 

5.  Sl.AUdHTKR-HOUSES,      STABLES,      ETC.  — 

To  direct  the  location  of  all  slaughter-houses, 
tallow  chandler  shops,  soap  factories,  tanneries, 
stables,  privies,  hog-pens,  sewers,  or  other 
offensive  or  unwholesome  houses  or  places, 
and  the  location,  size  and  kind  of  all  recep- 
tacles for  tile  keeping  of  manure  of  every  kind, 
abate  or  remove  nuisances  of  every  kind,  and 
to  compel  the  owner  or  occupant  of  any  of  the 
houses,  building  or  places  aforesaid  to  cleanse, 
remove  or  abate  the  same  whenever  it  deems 
necessar)'  for  the  health,  comfort  or  conven- 
ience of  the  inhabitants  of  said  city.  (./.<■ 
amended  L.  1890,  C/i.  561). 

6.  Gunpowder,  fire-works,  etc. —  To 
direct  the  location  of  all  buildings  for  storing 
gunpowder  or  other  combustible  substances, 
and  to  regulate  the  sale  and  use  of  gunpowder, 
fire-crackers,  or  fire-works,  manufactured  or 
prepared  therefrom,  or  other  combustible  ma- 
terials, the  exhibition  of  fire-works,  the  dis- 
charge of  fire-arms,  the  use  of  candles  and 
lights  in  barns,  stables  and  other  bviildings, 
and  to  restrain  the  making  of  bonfires  in  streets 
and  yards.     (Z.  1880,  Ch.  14). 

7.  Clmuerinc.  ok  .streets;  oi'Kmnc;  ok 
street  surfaces;  injury  to  property; 
nu.mherino  on  streets;  distrihution  ok 
handfui.i.s,  etc.;  wires,  poles.  am)  sub- 
WAYS— To  regulate  and  jjrevent  the  use  and 
encumbering  of  streets,  avenues,  walks,  pub- 
lic squares,  lanes,  alleys,  bridges.  ac|uetlucts, 
wharves,  basins  or  slips  in  any  manner  what- 
ever ;  to  regulate  the  opening  of  street  surfaces 
and  connections  with  sewers,  and  the  laying 
of  gas,  water-pipes  and  mains  and  sewer  con- 
nections, to  regulate  and  control  the  erection, 
construction,  laying,  stringing,  maintaining, 
and  removing  of  all  wires,  cables,  |K)les,  con- 
duits and  subways,  uix)n,  over  and  under  the 
streets,  avenues,  lanes,  scjuares.  parks,  bridges, 
aqueducts  and  public  places, within  said  city,  to 
prevent  injury  to  public  and  private  property 


4S  (  M  \K  IKK    Law    t>i     1  Ml 

( >l(l  (hami 


and  ]Mcinises  within  said  city,  and  to  cause  all 
buildings,  d\vcllin;;s  and  business  places  tf)  be 
numbered  or  reiuunbered  on  any  and  all 
streets,  squares,  avenues,  parks,  places,  courts 
and  alleys  in  said  city,  at  the  cost  and  expense 
of  the  owner  thereof;  to  regulate.the  exhibition 
and  distribution  of  advertisements  or  handbills 
within  said  city.  {As  amcndeil  f,.  189^,^//.  28). 

8.  IloRSK-RAClNG,       DKlVINd,        KTC. To 

j^revent  and  punish  horse-racing,  and  to  regu- 
late driving  and  riding  in  any  street,  avenue, 
lane,  alley  or  public  square,  park,  place  or 
upon  any  of  the  bridges  within  said  city 
and  to  authorize  the  stopping  and  detaining  of 
any  person  who  shall  be  guilty  of  such  racing 
or  immoderate  driving  or  riding  aforesaid. 
{As  amended  L.  1890.  Ch.  561  ). 

9.  Raii,roads,  etc. — To  determine  and 
designate  the  route  and  grades  of  any  railroad 
to  be  laid  in  said  city,  and  to  restrain  and 
regulate  the  rate  of  speed  of  locomotives, 
engines  and  cars  upon  the  railroads  within  the 
said  cit}-.     (Z.  1880,   C/i.    14). 

10.  Bathing — To  regulate  or  prohibit 
bathing  in  any  public  water.    (Z.  1880,  67/.  14). 

11.  Drunkards,  heggars,  etc. — To  re- 
strain and  punish  drunkards,  vagrants,  men- 
dicants, street  beggars,  and  persons  soliciting 
alms  or  subscriptions  for  any  purpose  what- 
ever.    {L.   1880,   Ch.    14). 

12.  Pgunds — To  establish  and  regulate 
pounds,  and  restrain  and  regulate  the  running 
at  large  of  horses,  cattle,  swine,  and  other 
animals,  gee.se  and  other  poultry,  and  to 
authorize  the  impounding  and  sale  of  the 
.same  for  the  penalty  incurred,  and  the  cost  of 
keeping  and  impounding  the  same.  (Z.  1S80, 
Ch.    14). 

13.  DoG.s — To  regulate  and  prevent  the 
running  at  large  of  dogs,  and  to  prevent  dog 
fights    in    the  streets,    to    require   dogs  to  be 


('ri\     ol      Koi  HKSI  KR  41» 

Old  Charter 


licensed,  to  seize,  inipouml.  sell  or  destroy  such 
as  are  found  unlicensed  upon  the  public 
Streets  or  places  of  said  city.  {.Is  ameniliul  I.. 
1897,  Ch.  784). 

Act  as  to  do^s  in  cities  of  second  class — 

L.  1902,  Cli.  J';4,  ])riiUcd  ii>  full  this  Ixxik.  fost.  See 
Index. 

14.  l)i;.\l>       CARCASSKS,       ITTRIIi        M  KATS. 

KTC. — To  prohibit  any  person  from  brinjjin^  or 
depositing,  witiiin  the  limits  of  said  city,  any 
dead  carcass  or  any  other  un\vholesf)nie  or 
offensive  substances,  or  to  require  the  removal 
or  destruction  of  such  substances,  or  any 
putrid  meats,  fish,  hides  or  skins  of  any  kind, 
by  any  person  who  shall  have  the  same  on  his 
premises,  and  on  his  default  to  authorize  the 
removal  or  destruction  thereof  by  some  ofJicer 
of  the  city.     (/.  1880,  Ch.  14). 

15.  SiDF.WALKs  AND  Kkncks — To  Com- 
pel all  persons  to  keep  sidewalks  in  front  of 
premises  owned  or  occupied  by  them  clear 
from  ice.  snow,  dirt,  wood  and  obstructions, 
and  to  prohibit  and  prevent  the  erection  or 
placing  of  or  suffering  to  remain  any  barbed- 
wire  or  any  other  fence  that  is  likely  to  cause 
injury  to  animals  or  persons  or  their  clothing 
within  the  city  of  Rochester,  situate,  built  or 
constructed  upon  any  line  of,  or  adjacent  to 
any  street,  avenue,  alley,  lane,  sc|uare  or  place 
therein,  and  also  to  regulate  and  provide  the 
manner  of  constructing  and  maintaining  tlivi- 
sion  or  line  fences  within  said  city,  and  the 
mode  and  kind  thereof,  and  to  ap|X)rtion  the 
construction  and  maintenance  of  such  fences 
by  and  between  owners  of  the  lands  forming 
such  division  or  boundary  lines,  (./j  amrnii- 
e,i  I..  i8<,o.  (•//.  561). 

16.  AllTIOXKERS,       UISTIRBINC;       NOISKS. 

ETC. — To  license  and  regulate,  and  control 
auctioneers  and  the  sale  of  goods.  pro|x;rty 
and  (Hher  commodities  at  auction  within  said 
citv  anfl    to  determine   thi-  times   and    manner 


50  C'haktkr   Law    oi    ihk 

Old   Charter 

of  makiiii;  such  sales,  and  to  prescribe  the 
terms  and  conditions  upon  which  Hcenses 
shall  be  granted ;  to  prohibit  all  unlicensed 
persons  from  acting  or  taking  part  in  or  man- 
aging any  such  auction,  and  to  exact  a  license 
fee  in  such  an  amount  as  said  common  coun- 
cil may  deem  reasonable,  not  exceeding, 
however,  one  hundred  and  fifty  dollars  per 
year.  To  regulate  and  prohibit  the  ringing  of 
bells  and  the  crying  of  goods  and  other 
commodities  for  sale  at  auction,  or  otherwise, 
and  to  prevent  disturbing  noises  in  the  streets 
or  places  in  said  citv.  (As  atnended  L.  1890, 
67/.  561). 

See  City  of  Rochester  vs.  Close,  35  Hun   20S. 

17.  Inkkctious  diseaspus — To  require 
the  removal,  from  the  populous  parts  of  the 
city,  of  all  persons  having  infectious  or  pesti- 
lential disea.ses.     (Z.  1880,   67/.  161). 

18.  Burial  of  dead — To  regulate  the 
burial  of  the  dead,  and  to  compel  the  keeping 
and  return  of  bills  of  mortality.  (Z.  1880, 
6'//.    14). 

Burial  in  any  cemetery  in  city  can  be 
prevented  —  reoi^le  c.\.  rel.  Oak  Ilill  Cemetery 
A.ssn.   \s.    I'ratt,    129  N.  \.  f)8. 

19.  Markets  and  sales — To  establish, 
order  and  regulate  markets  ;  to  regulate  the 
vending  of  temporaiy  sales  of  clothing,  boots, 
shoes  and  other  commodities  ;  wood,  coal  and 
other  fuel  ;  meats,  vegetables,  fruits,  fish, 
poultry,  milk  and  provisions  of  all  kinds  ; 
strong  or  spirituous  liquors,  wine,  ale  or  beer, 
not  in  conflict,  however,  with  any  state  law  ; 
and  to  prescribe  the  time  and  place  for  selling 
the  same,  and  for  ascertaining  the  weight  or 
other  quality  thereof,  and  to  prescribe  the  fees 
to  be  paid  for  licenses  for  the  sale  of  the  afore- 
said articles  :  such  license  fees  not  to  exceed 
fifty  dollars  from  any  person  so  licensed  except 
that  a  license  fee  not  exceeding  thirty  dollars 
for  a   wagon   drawn  bv  two    horses,    and    not 


City  of  Rochester  51 

Old  Charter 


exceediii};  tux-nty-tive  dollars  for  a  wagjon 
drawn  by  one  horse,  may  be  exacted  ;  and  to 
prevent  the  sale  or  exposure  for  sale  of 
unwholesome,  diseased,  impure  or  adulterated 
meats,  vegetables,  fruit,  fish,  poultry,  milk, 
food  and  provisions  of  all  kinds;  and  the 
board  of  health  may  appoint  from  time  to 
time,  and  at  pleasure  remove,  a  competent 
person,  and  fix  his  salar)',  to  be  paid  out  of  the 
health  fund,  whose  duty  it  shall  be  to  test 
and  inspect  all  meats,  vegetables,  fruit,  poultry, 
milk,  food  and  provisions  of  all  kinds  sold,  or 
offered  for  sale,  whenever  the  sale  thereof  is 
regulated  by  ordinance,  for  the  purpose  of 
preventing  the  sale  or  exposure  for  sale  of  all 
the  aforesaid  unwholesome,  diseased,  impure 
or  adulterated  commodities,  and  any  of  such 
commodities  not  of  the  standard  or  character 
fixed  by  any  statute  now  or  hereafter  passed, 
before  being  offered  or  exposed  for  sale,  but 
provided  that  nothing  herein  contained  shall 
authorize  the  common  council  to  pre\ent  the 
sale  of  fresh  and  wholesome  meats  by  the 
quarter,  within  the  limits  of  said  city,  by  far- 
mers who  have  raised  and  fallened  the  same 
upon  their  own  farms,  (.-/.f  nmrniliui  I..  iSi^;. 
Ch.  7.S4). 

20.  Pi'Hi.ic  KKsKRvorRs.  ETi". —  'I'o  es- 
tablish, make,  regulate  and  preserve  public 
reservoirs,  wells  and  pumps,  and  to  prevent 
the  waste  of  water.      ( /..   iSSo.  Ch.  14). 

21.  Pi;iU.H  IIAlKS.  SKXTONS,  UNDER- 
TAKERS,  I'AWNHKOKEKS.    .\M)   HIM. POSTERS — To 

licen.se,  regulate  and  control  .scavengers,  chim- 
ney sweeps,  expressmen,  cartmen,  porters, 
hack,  cab,  truck,  omnibus  and  stage  owners 
and  drivers  and  the  owners  and  drivers 
of  all  vehicles  u.sed  for  hire  in  the 
city  of  Rochester,  f<ir  the  transportation  of 
passengers  and  merchandise,  goods  or  articles 
of  any  kind,  and  to  require  the  owners  of  all 
such  carts,  carriages  and  vehicles  to  mark  the 
same  in  such  manner   as  the   common  council 


52  Char  IKK   Law  ok   ihk 

Old   Charter 

may  (lcsi>,niatc.  and  t"i\  (lie  rates  of  compensa- 
tion to  be  taken  by  them  ;  to  license  and  regu- 
late sextons  and  undertakers  for  burying  the 
dead;  to  license  and  regulate  butchers,  hawk- 
ers, peddlers,  conuiion  criers,  (*  billpost- 
ers), and  runners  for  stages,  railroads, 
taverns  and  other  houses,  junk-shop  deal- 
ers, pawnbrokers  and  dealers  in  second- 
hand articles,  and  the  business  of  pawn- 
brokerage;  to  prescribe  the  terms  and  conditions 
upon  which  any  such  license  shall  be  granted, 
and  to  prohibit  all  unlicensed  persons  from 
acting  in  such  capacities,  and  to  exact  a 
license  fee  aforesaid,  in  such  an  amount  as  the 
said  common  council  shall  deem  reasonable, 
not  exceeding,  however,  five  hundred  dollars 
per  year  from  any  pawnbroker,  and  not  exceed- 
ing fifty  dollars  a  year  from  any  other  of  the 
persons  above  enumerated,  except  that  a  fee 
of  not  exceeding  ten  dollars,  for  each  wagon, 
carriage  or  vehicle  used  in  any  of  the  business 
aforesaid,  may  be  charged  for  any  one  year ; 
to  license  and  regulate  billposters  and  bill 
distributors,  and  sign  advertising  and  to  pre- 
scribe the  terms  and  conditions  upon  which 
any  such  license  shall  be  granted  and  to  pro- 
hibit all  unlicensed  persons  from  acting  in 
such  capacity  and  to  exact  a  license  fee  afore- 
said in  such  an  amount  as  the  common  coun- 
cil shall  deem  reasonable  not  exceeding  how- 
ever one  hundred  dollars  per  year,  (^s  amruii. 
e,/  L.  1894,  C7i.  28). 

22.  Omnihusks,  stacks,  etc. — To  pre- 
vent runners,  stage  drivers  or  others  from 
soliciting  persons  to  travel  or  ride  in  any  stage, 
omnibus,  carriage,  boat,  or  upon  any  railroad, 
or  to  go  to  any  hotel  or  other  place  of  entertain- 
ment.    (Z.  1880,  C/i.  14). 

23.  Strket  i.I(;hts — To  provide  for  and 
regulate  the  lighting  of  streets  and  alleys, 
and  the  protection  and  safetv  of  public  lamps. 
(Z.    1880,   C/i.   14). 

•  So  in  session  laws. 


City  ok   R*x  hkstkr  53 


OK 


24.  PkDDLERS       .\M>      I'AWNKROKKRS To 

regulate  and  restrain  hawking  and  peddling  in 
the  streets,  and  to  regulate  pawnbrokers. 
(/.    1880.    67/.    14). 

25.  DUTIK.S,  COMPENS.VTKJN.  HONDS.  KIC, 
OF  OFFICERS  APPOINTED  BY  COM.MON  COUN- 
CIL— To  prescribe  the  duties  of  all  officers 
appointed  by  the  common  council,  and  their 
compensation,  and  the  penalty  or  penalties  for 
failing  to  perform  such  duties,  and  to  prescribe 
the  bonds  and.  sureties  to  be  given  by  the 
officers  of  the  city  for  the  discharge  of  their 
duties,  and  the  time  for  executing  the  same,  in 
cases  not  otherwise  provided  for  bv  law. 
(Z.    1880,   Ch.    14). 

See  White  Charter,  §  45C,  this  lx)ok,/<'^/. 

26.  Shade  trees — To  protect  and  pre- 
serve shade  trees  in  the  streets,  parks,  squares, 
avenues  and  alleys  of  said  city,  and  to  cause 
such  trees  to  be  pruned  and  trimmed  so  that 
the  same  shall  not  obstruct  or  prevent  the 
proper  lighting  of  streets.      {Repcixled  I..  1897, 

r//.  784'. 

Power  k'yc'H  to  park  board — /..  iS<)6,  Ch.  511. 

27.  liRKs  01  WHEELS — To  regulate  and 
prescribe  the  breadth  of  tires  upon  the  wheels 
of  wagons,  carts,  and  vehicles  of  hea\  y  draught 
u.sed  upon  paved,  macadamized  or  impro\ed 
streets  in  .said  city,  provided,  however,  that 
this  section  shall  not  apply  to  vehicles  used  by 
farmers  coming  into  the  city  with  produce  or 
fuel.     (/-.    18S0.   (•//.    I  p. 

28.  SEALINt;  OK  WEIC.Hrs  AND  MEAS- 
URES—  To  require  every  merchant,  retailer, 
trader  and  dealer  in  merchandise  or  property 
of  anv  description,  which  is  .sold  by  measure  or 
weight,  to  cause  their  weights  and  measures  to 
be  sealed  by  the  city  sealer,  and  to  be  subject 
to  his  inspection,  and  may  imj^ose  penalties  for 
any  violation  t>f  anv  such  ordinance.  (  A.  1880. 
Ch.    14). 

See  White  Charter.  §  44:.  this  book./Vi/A 


M  C'llAK  11  I-      I    WV     or     I  UK 

( )1U  Cliailcr 


29.  IlAkl'.oKS.      CANALS,     \VHARV1-:.S,    ETC. 

To  pass  such  ordinances  as  they  may  think 
proper  and  necessary  to  prevent  the  harbors, 
canals,  basins  and  slips  in  the  city  from  over- 
Howing,  and  to  compel  the  repair  or  raising  up 
of  the  banks,  wharves  and  landing  along  such 
harbors,  canals,  basins  and  slips,  and  to  prevent 
the  casting  therein  of  any  earth  or  other  sub- 
stances, and  to  prevent  and  remove  all  obstruc- 
tions therein,  and  prescribe  penalties  for  the 
violation  of  anv  such  ordinance.  (Z.  1880, 
Ch.   14). 

30.  Licenses  nv  mavor — The  common 
council  may  empower  the  mayor,  or  other 
officer  of  the  city,  to  issue  any  license  author- 
ized by  this  act,  and  said  mayor  shall  prescribe 
the  person  to  whom  the  same  may  be  issued, 
and  the  amount  to  be  paid  for  such  license,  but 
within  the  limit  fixed  in  the  ordinance  or  reso- 
lution authorizing  the  same.  {As  amended  L. 
1890.   Ch.   561). 

31.  Stationary  engineers,  examina- 
tion AND  LICENSE — To  regulate,  classify  and 
license  all  persons  operating  or  using  any 
steam  boiler  to  generate  steam,  except  for 
railroad  locomotive  engines,  and  for  heating 
purposes  in  private  dwellings.  To  appoint, 
from  time  to  time  a  committee  of  competent 
persons  to  examine  all  applicants  for  such 
licenses,  and  to  issue  the  same  to  the  applicant 
in  the  grade  or  class  in  which  he  is  found  qual- 
ified, upon  such  examination  to  enter.  To 
prescribe  the  amounts  of  the  license  fees  to  be 
exacted,  whic  h.  in  no  case,  shall  exceed  the 
sum  of  twenty  dollars,  but  no  certificate  or 
license  shall  be  issued  until  the  license  fee  fixed 
therefor  shall  first  have  been  paid  to  the  treas- 
urer of  said  city.  Such  certificate  or  license 
may  be  revoked  or  suspended  at  any  time  by 
the  common  council  by  a  vote  of  a  majority  of 
the  members  pre.sent  at  the  meeting  and  voting, 
upon  the  report  of  any  two  practical  engineers 
detailed   by  the  common  council  for  that  pur- 


City  of  R«><  fif^tkr  55 

oia  I- „..,>. i 

pose,  stating  the  grounds  upon  which  such 
certificate  or  license  should  be  revoked  or  sus- 
pended. Where  such  certiticate  or  license 
shall  have  been  revoked,  as  aforesaid,  a  like 
certificate  or  license  shall  not.  in  any  case,  be 
issued  to  the  same  person  within  six  months 
from  the  date  of  the  revocation  of  the  former 
certificate  or  license  held  by  such  person. 
The  city  clerk  shall  keep  a  book  of  registra- 
tion, open  for  inspection  at  his  office,  in  which 
shall  be  registered  the  name  and  address  of 
each  and  every  person  qualifiefl  and  licensed 
as  aforesaid.     (As  iiwe'f/i/tt/  I..  i8(jo.  Ch.  5(11 ). 

§  41.  Common  council  to  cover  mill- 
races;  assessments — The  common  council 
shall  have  power  by  ordinance,  to  cause  any 
mill-race  within  said  city  to  be  covered  with 
bridges  or  arches  or  otherwise,  in  the  same 
manner  that  other  public  improvements  are 
directed  to  be  made  and  pursuant  to  the  pro- 
visions of  title  .seven  of  this  act  so  far  as  the 
same  are  applicable.  The  expense  of  such 
improvement  may  be  assessed  wholly  upon  the 
owners  or  occupants  of  such  mill-race,  or  upt>n 
such  other  property  as  the  common  council 
shall  deem  benefited,  or  both,  in  the  same 
manner  as  other  assessments  for  local  improve- 
ments.    (/..   iSHo.   (■//.  14). 

Expense  of  coverinjc  race  mu.'*i  Ix;  a-nscssed 
only  on  iIi.im-  u>inn  r.i< «— l'i-..ple  ex  nl.  Curii.H 
vs.  CMly  of  km  hcster,  54  N.  V.  507. 

See  also    Huti«  v\    nl.  w.   City   of    Rnrhrstpr.  57 
App.  I)i\ .  (m\ 

§  42.  Common  Louncil  ma\  direct 
j^asli^ht  companies  to  lav  mains,  etc.; 
assessments  liu-  lonnixm  loumil  shall 
have  power  bv  ordinance  or  otherwise  to 
require  any  gaslight  company  in  said  city  to 
lay  its  mains  or  gas  pipes  in  any  of  the  public 
parks,  streets,  lanes  or  alleys  within  the  limits 
of  said  citv.  upon  making  proper  and  just  com- 
pensation therefor,  and  said  company  is  hereby 
required  upon  such  compensation  being  made 
to  so  extend  said   mains  in   pursuance  of  any 


56  C'liAKiKk   Law  ok    iiik 

Oltl   (Charter 

ordinance  duly  passed  by  said  common  coun- 
cil, and  the  said  common  council  may,  in  its 
discretion,  assess  the  expenses  of  said  extension 
upon  the  property  benefited  thereby,  wholly  or 
partly  on  said  citv  at  large,  or  both.  (/..  i<S8o, 
Ch.    14). 

§  50.  Duties  of  aldermen — It  shall  be 
the  duty  of  e\ery  alderman  in  said  city  to  at- 
tend the  regular  and  special  meetings  of  the 
common  council  ;  to  act  upon  committees 
when  thereunto  appointed  by  the  common 
council ;  to  order  the  arrest  of  all  persons  vio- 
lating the  laws  of  the  state,  or  the  ordinances, 
by-laws  or  police  regulations  of  the  city;  to 
report  to  the  mayor  all  subordinate  officers 
who  are  guilty  of  any  official  misconduct  or 
neglect  of  duty,  and  to  aid  in  maintaining 
peace  and  good  order.     (/.   18S0,  Ch.  14). 

5;  \(h).  Buildings  worth  $50,000  not 
to  be  condemned  —  'I'he  coinnioii  council 
shall  not  lay  out  any  street,  alley,  sc|uare, 
park  or  walk,  or  alter  any  such  as  may  already 
be  laid  out  or  used,  so  as  to  run  across  or  over 
the  site  of  any  building,  at  the  time  actually 
erected,  which  shall  be  of  the  value  of  tifty 
thousand  dollars,  without  having  obtained  the 
consent  of  the  owner  of  such  building  in  writ- 
ing, or  without  having  purchased  such  building. 
This  section  shall  take  effect  on  the  first  day 
of  Januar)-,  eighteen  hundred  and  eighty-two. 
i^As  amended  L.  1881,  Ch.  343). 

See   Elwood  vs.  City  of  Rochester,  43   Hun  iio; 
affirmed.  122  N.  ^'.  221). 

§  220.  Power  of  common  council  to 
reijulate  construction  of  buildinjjs;  re- 
moval and  inspection  of  same — 1  he  com- 
mon council  shall  have  power  to  enact  ordi- 
nances governing  the  construction,  regulation 
and  inspection  of  all  buildings  within  said 
city,  the  size,  parts  and  materials  thereof,  the 
thickness  of  the  walls  and  the  materials  to  be 
used  in  the  construction  of  such  walls  or  in 
any  part  of  said  buildings,  and  may  inspect  or 


City  ok   Rochksikr 
Old  Charier 


cause  to  be  inspected  any  building  erected  or 
in  process  of  erection,  *see  that  tlie  same  cor- 
respond to  said  ordinances.  Said  conunon 
council  or  person  desij^nated  by  it  shall  have 
authority  at  all  reasonable  hours  to  enter  uiK)n 
premises  to  make  such  inspection  and  may  ar- 
rest and  put  a  stop  to  the  erection  or  removal 
of  any  buildin<^  in  process  of  erection  or  removal 
which  shall  not  conform  to  said  ordinances 
until  the  same  shall  be  conformed  thereto,  and 
every  building  erected,  removed  or  placed  con- 
trary to  such  ordinances  is  hereby  declared  to 
be  a  common  nuisance  and  may  be  abated  and 
removed  as  such  by  the  common  council,  and 
for  this  purpose  may  employ  the  police  of  said 
city.  For  the  purpose  of  guarding  against 
calamity  of  tire  the  common  council  may  des- 
ignate by  ordinance  such  portions  of  said  city 
as  they  shall  think  proper  within  which  no 
building  of  wood  or  combustible  material  shall 
be  erected  and  may  require  iron  or  other  shut- 
ters to  be  placed  upon  the  outer  doors  and 
windows  of  buildings  alre;idy  constructed  or 
which  hereafter  may  be  constructed  and  every 
violation  of  any  ordinance  authorized  by  this 
section  shall  be  punishable  by  a  fine  of  not 
more  than  two  hundred  and  fifty  dollars  or  by 
imprisonment  in  the  Monroe  county  |>eniten- 
tiary  for  a  period  not  exceeding  one  hundred 
and  fifty  days,  or  by  both  such  tine  and  im- 
prisonment,    {.-ts  attirniii-ii  I..  i8c)7.(y/.  784). 

Factory  Inspector  shall   in.Npt'ct  scaffolding, 

etc.—  Uili'T  I  .i\\.  !;   I  ) 

5i    ii\.      f'oNNer   of  common    council    l«» 
require  scuttles.    InJders,  etc.       I  he    (  om- 

iiioi)  (duni  il  ni.iy.  I)\  oKlin.uue.  require  tlie 
owners  and  oi  cuj)ants  of  houses  and  buildings 
to  have  scuttles  on  the  roofs  of  such  htnises 
and  buildings,  and  stairs  or  ladders  leading  to 
same;  and  whenever  the  owner  or<)ccupant  «>f 
any  house   or  building   shall  not  comply  with 

•So  in  session  laws.     "To"  omitted. 


i>S  ClIARIKK     I, AW     OK     rilK 

Old   Cluirter 

such  ordinance,  or  with  any  ordinance  in  rela- 
tion to  iron  shutters  upon  the  windows  and 
doors  of  any  building,  the  common  council 
may,  at  the  expiration  of  twenty  days  after 
personal  service  of  a  notice  of  such  ordinance 
upon  the  owner  or  occupant,  cause  such  scut- 
tles, stairs,  ladders  or  shutters  to  be  constructed 
and  placed  in  or  upon  said  building,  and  may 
recover  the  expense  thereof,  with  ten  per  cent 
in  addition,  of  the  owner  or  occupant  whose 
duty  it  was  to  complv  with  such  ordinance. 
(/.  1880,  67/.  14). 

§  222.  Power  of  common  council  to 
build  and  protect  fire-escapes  ;  to  prevent 
fires — Ihe  common  council  may  prevent  or 
regulate  the  carrying  on  of  manufactories  cal- 
culated to  cause  or  promote  fires  and  may  re- 
quire the  owners  or  occupants  of  all  buildings 
wherein  manufactories  are  conducted,  and  all 
buildings  now  erected,  or  that  may  hereafter 
be  erected,  more  than  three  stories  in  height, 
occupied  by,  or  built  to  be  occupied  by  three 
or  more  families  above  the  first  stor}',  and  every 
building  already  erected,  or  that  may  hereafter 
be  erected,  more  than  three  stories  in  height, 
occupied  or  used  as  a  hotel,  lodging-house  or 
boarding-house,  having  more  than  fifteen 
rooms,  and  every  factory,  mill,  office  build- 
ing, manufactory  or  work-shop,  hospital,  asy- 
lum or  institution  for  the  care  or  treatment 
of  individuals,  and  every  building,  in  whole  or 
in  part,  occupied  or  used  as  a  school  or  place 
of  instruction  or  assembly,  to  construct  thereon 
good  and  suitable  fire-escapes,  and  other  means 
of  egress,  in  case  of  fire,  and  may  empower 
the  fire-marshal  of  said  city  to  superintend  the 
construction  of  all  such  fire-escapes  or  other 
means  of  egress,  and  mav  authorize  said  fire- 
marshal  to  specify  the  means  of  egress 
to  be  provided  in  all  cases  where  he 
or  the  common  council  shall  deem  the 
same  necessary.  The  owner  or  owners  of 
any  such  buildings,  upon  which  any  fire-escapes 


City  ok  Rochr'^tkr  59 


Old  Charter 


may  now  bu.  or  may  hereafter  be.  placed  or 
erected  shall  keep  the  same  in  good  re])air  and 
well  painted,  and  no  person  shall,  at  any  time, 
place  any  incumbrance  of  any  kind  whatso- 
ever before  or  upon  any  such  lire-escapes.  It 
shall  be  the  duty  of  every  lireman,  policeman, 
fire-marshal,  alderman  and  mayor,  who  shall 
discover  any  fire-escape,  balcony  or  ladder  of 
any  fire-escape  incumbered  in  any  way,  to 
forthwith  verbally  notify  and  require  the  occu- 
pant of  the  ])remises  or  apartments,  to  which 
said  fire-esca])e.  balcony  or  ladder  is  attached, 
or  for  whose  use  the  same  is  provided,  to  re- 
move such  incumbrance  and  keep  the  same 
clear.  The  common  council  may  enact  any 
ordinance  relative  to  any  of  the  matters  herein 
specified,  and  provide  that  for  a  violation 
thereof,  or  of  anv  of  its  |)rovisions,  the  person 
so  olTendin<,f  shall  be  liable  to  a  penalty  of  not 
exceeding  two  hundred  and  fifty  dollars,  and 
in  the  case  of  the  non-payment  the  olTender 
to  be  subject  to  imjirisonment  in  the  Monroe 
county  penitentiary  for  a  period  not  exceeding 
one  hundred  and  fifty  days;  the  amount  of 
the  fine  and  duration  of  imprisonment  to  be 
in  the  discretion  of  the  court,  judge  or  justice 
before  whom  the  action  for  the  penalty  shall  be 
brought,  but  within  the  above  specified  amount 
and  period,  and  the  amount  and  period  speci- 
fied in  such  ordinance.  The  common  council 
may  also  require  the  construction  of  safe  de- 
posits for  ashes,  the  removal  of  any  hearth, 
fire-place,  stove,  grate  or  other  apparatus  in 
which  fire  may  be  used,  or  any  chimney.  Hue, 
or  other  conductor  of  smoke  that  may  be  con- 
sidered likely  to  cause  or  promote  fire,  and 
may  compel  the  cleaning  of  chimneys.  Hues, 
and  all  other  conductors  of  smoke,  and  upon 
the  neglect  of  anv  owner  or  occupant  of  any 
building  to  clean  the  chimneys.  Hues,  or  other 
conductors  of  smoke  therein,  or  to  construct 
such  deposits,  or  to  make  the  removals,  as 
hereinbefore  mentioned,  he  shall  forfeit  the 
sum  of  one  hundred    dollars.      The    common 


60  ( 'n  \\<  ri-.k   I,  wv  oi-    i  iik 

(  >ld   Charier 

council  may  cause  such  removals  to  he  made, 
and  such  chimneys,  Hues,  or  other  conductors 
of  smoke  to  be  cleaned,  or  such  fire-escapes 
or  modes  of  egress  to  be  constructed,  and  may 
collect  the  expense  thereof,  and  ten  per  centum 
in  addition,  from  the  owner  or  occupant  whose 
duty  it  was  to  have  the  same  removed,  cleansed, 
cleaned  or  constructed.  Ihe  common  council 
may  adopt  such  other  regulations  for  the  pre- 
vention and  suppression  of  fires  as  it  may 
deem  necessar)-.  An  execution,  issued  upon 
any  judgment  recovered  by  virtue  of  the  pro- 
visions of  this  title,  except  as  hereinbefore 
provided,  may  issue  against  the  property  or 
person  of  the  defendant  herein,  or  both. 
\Avieniied  L.  1882,  Ch.  120:  /..  1890,  C/i. 
561). 

55   223.     Power  of  common    council   to 
cause    inspection   of    buildings,    etc. —  lor 

the  purpose  of  enforcing  any  regulation  or 
ordinance  under  any  of  the  provisions  of  this 
act,  the  common  council  may  authorize  any  of 
the  officers  of  said  city,  or  any  person  appointed 
by  it,  at  all  rea.sonable  times,  to  enter  into  and 
examine  all  dwelling-houses,  buildings,  tene- 
ments and  factories  of  every  description,  and 
all  lots,  yards  or  inclosures,  and  to  cause  such 
as  are  dangerous,  to  be  put  in  safe  condition, 
and  may  authorize  such  officers  and  persons 
to  inspect  all  hearths,  fire-places,  stoves,  pipes, 
flues,  chimneys  or  other  conductors  of  smoke, 
or  any  apparatus  or  device  in  which  fire  may 
be  used,  or  to  which  fire  may  beapphed,  and 
any  fire-escape  or  modes  of  egress,  and  remove 
and  make  the  same  safe,  at  the  expense  of  the 
owners  or  occupants  of  the  buildings  in  which, 
or  to  which,  the  same  may  be,  and  to  ascer- 
tain the  situation  of  any  building  in  respect  to 
its  exposure  to  fire,  and  whether  iron  shutters, 
scuttles,  ladders  and  fire-escapes  thereto,  and 
proper  and  safe  modes  of  egress  therefrom,  in 
cases  of  fire,  have  been  provided,  and,  gener- 
ally, with  such  other  powers  and  duties  as  the 


City  of   Rocnt^MKR  61 

Old    Chartt-r 


common  council  shall  deem  necessar)' to  guard 
the  city  from  the  calamities  of  tire.  (.-Is 
ametuitui  I..  1890,  Ch.  561). 

Note — The  common  council  l)y  resolution,  Apr. 
II,  1S99,  designated  the  fire  marshal  as  the  officer  to 
enforce  the  provisions  of  §  223,  supra.  See  notes 
under  §  233.  White  Charter,  this  XyooV,  posl. 

%  231.  Common  council  may  compen- 
sate firemen  for  injuries — 1  he  cummon 
council  may  provide  suitable  compensation  for 
any  injury  that  any  fireman  may  receive,  either 
in  his  person  or  property,  in  consec|Uence  of 
his  exertions  at  any  fire.     (/,.  1880,  Ch.  14). 

?5  261.  Appliciition  by  common  coun- 
cil of  penalties  reco\ered  I  he-  common 
council  may  direct  any  mone\s  that  may  have 
been  reco\ered  for  iK-nalties  or  forfeiture,  to 
be  applied  to  the  payment  of  any  extra  ex- 
penses that  may  have  been  incurred  in  appre- 
hending offenders,  or  in  subptenaing  or  defray- 
ing the  expen.ses  of  witnesses  in  any  suit  for 
such  penalties  or  forfeiture,  or  in  conducting 
such  suits.     ( /..    1880,    Ch.    14). 

>5  287.  Remf)val  from  ward  vacates 
office  of  alderman  Whenever  any  alder- 
man in  said  city  shall  cease  to  reside  in  the 
ward  ill  and  for  which  he  was  elected,  his 
office  shall  be  vacant,  and  his  powers  as  such 
alderman  shall  terminate.     (/..    1880.  Ch.  14). 


62  Chartkr   Law  ok    tiik 

Wliiie  Charter 


ARTICLE    III 

EXECUTl  VK    DHPARTM  V.SV 

§  42.  Executive  power  vested  in  mayor  and  executive 
officers — There  shall  be  elected  at  the  tirst  election  under  this  act, 
and  at  the  cit)'  election  every  two  years  thereafter,  a  mayor.  The 
executive  power  of  the  city  is  vested  in  the  mayor,  and  in  such  execu- 
tive officers  and  departments  as  are,  or  may  be,  created  by  law,  or  by 
ordinances  of  the  common  council.     (/.  1898,  C/i.  182). 

The  White  charter  imposes  the  responsibility  of  the  admlnistra- 
istration  of  affairs  of  the  city  upon  the  mayor — I'ryor  vs.  City  <>f 
Rochester,  166  N.   \.  54S. 

4?   43.     Salary  and   term   of  mayor  ;   term  of  president  of 

common  council — The  annual  salary  of  the  mayor  shall  be,  in  a  city 
having  a  population,  as  appears  by  the  last  state  enumeration,  of  less 
than  ninety  thousand,  twenty-five  hundred  dollars  ;  in  a  city  having  a 
population  of  more  than  ninety  thousand  and  less  than  one  hundred 
and  fifty  thousand  as  afore.'-aicl.  four  thousand  dollars;  in  a  city  hav- 
ing a  population  of  more  than  one  luiiKlix-d  and  fifty  thousand  as 
aforesaid,  five  thousand  dollars.  The  mayor  and  president  of  the 
common  council  shall  be  elected  at  the  city  election,  and  shall  hold 
their  offices  for  the  term  of  two  years.     (Z.  1898  C/i.  182). 

Oath  of  office  of  mayor — Tublic  Officers  I^w,  §  10 ;  failure  to  take,  I'enal 
Code,  §§  42.  43;  ttftrt  of  faihiru  on  official  acts.  Public  Officers  I^w,  §  15. 

>i  44.  President  of  council  to  act  as  mayor  in  case  of 
vacancy — In  case  of  the  absence  or  inability  of  the  mayor,  or  during 
a  vacancy  in  the  office,  the  president  of  the  common  council  shall  act 


'Cdv  OF  Roi  HKSTKR  0:5 

While  Charter 

as  mayor  until  the  mayor  returns.   Iiis    inability  ceases  or  the  vacancy 

is  tilled.       But  it  shall  not  be  lawful  for  the  president   of  the  common 

council,  when   actinjr  as   mayor,   to   sij^n  or  approve   any  ordinance 

of  the   common   council,   or    to    appoint   to.    or    remove    from  office 

any  person  unless   the  \  acancy  in  the  office,  or  the  inability  or  absence 

of  the  mayor  shall  ha\e  continued  for  at  least  thirty  days.     (/,.  1898, 

Cfi.  182). 

Vacancies  generally — I'uhlicOfficers  I.aw.  §  20. 

Mayor  may  preside  over  common  council  in  :t1)sence  of  president — 

Wliilc  (iuirtti.  §  11,  ihi-  lH<ik.  ,iiit,\ 

%   45.      Mayor  shall   ad\ise   with    heads   of  departments 

The  mayor  shall  call  together  the  heads  of  the  city  departments  for 
consultation  and  achite  u|5on  the  atTairs  of  the  city  as  often  as  he  may 
deem  advisable,  but  not  less  than  twelve  times  in  each  year  ;  and  at 
such  meetings  he  may  call  upon  the  heads  of  the  departments  for  .such 
reports  as  to  the  subject  matters  under  their  control  and  management 
as  he  may  deem  |:)riiper.  whit  h  it  shall  be  their  dutv  to  prepare  and 
submit  at  once  to  him.  Records  shall  be  kej)t  of  such  meetings,  and 
rules  and  regulations  shall  be  adopted  thereat  for  the  harmonious, 
systematic  and  efficient  administration  of  the  affairs  of  the  city  not 
inconsistent  witii  tlie  laws  nl  tlie  stile  or  witii  the  city  ordinances. 
(/..  1898,  (•//.  182). 

>5  46.  General  duties  of  nia\(»r  It  shall  Ik-  the  duty  of  the 
mayor  to  see  to  the  faithful  perloinumce  of  their  duties  by  the  city 
officers  and  departments,  to  maintain  peace  and  good  order  within  the 
city,  to  take  care  that  the  laws  of  the  state  and  the  ordinances  of  the 
common  council  be  executed  and  enforced  within  the  city;  to  com- 
municate by  written  message  to  the  common  council  at  least  once  a 
year  a  statement  of  the  finances  and  general  condition  of  (he  affairs  of 
the  city,  and  with  such  reconunendations  in  relation  thereto  as  he  may 
deem  proper,  and  to  give  such  information  in  relation  to  the  same  as 
the  common  council   may  from  time  to  time  require  :  and  also  to  call 


64  Chartkr  Law  of  the 

White   Charter 

a  special  meeting  of  the  common  council,  whenever  in  his  judgment 
it  is  required  by  public  necessity.  It  shall  also  be  his  duty  to  receive 
and  examine  into  all  complaints  made  against  any  city  officer  for  neg- 
lect of  duty,  or  malfeasance  in  office.     (/..  1898,  Ch.  182). 

General  powers  and  duties  of  mayor  —  See  note  after  §  51,  White 
Charter,  this  bofjk,  post. 

%  47.     Mayor  shall  sign  deeds  and  contracts;  city  seal — 

The  mayor  shall,  on  behalf  of  the  city,  sign  all  deeds  and  contracts 
made  by  it,  and  shall  cause  to  be  affixed  thereto  the  city  seal,  of  which 
he  shall  have  the  custody.     (Z.  1898,  Ch.  182). 

Mayor  may  be  compelled  by  mandamus  to  sign  contract  duly 
made  by  common  council — People  ex  rel.  Lighton  vs.  McGuire,  31  Misc. 
324  (1900). 

§  48.  Mayor  may  investigate  departments — The  mayor 
shall  have  authority  at  all  times  to  examine  the  books  and  papers  of 
any  officer,  employee  or  department  of  the  city,  and  as  often  as  he  may 
deem  proper,  to  appoint  one  or  more  competent  persons  to  examine, 
without  notice,  the  accounts  of  any  city  officer  or  department,  and  the 
money,  securities  and  property  belonging  to  the  city  in  the  possession 
or  charge  of  any  officer  or  department,  and  to  report  the  result  of  such 
examination  ;  and  he  may  administer  oaths  to  witnesses  and  take 
affidavits  in  all  cases  relating  to  the  affairs  of  the  city.  {L.  1898, 
Ch.    182). 

^  49.  Mayor  shall  appoint  city  officers — Except  as  other- 
wise provided  in  this  act,  the  mayor  shall  appoint  all  the  city  officers, 
and  except  as  otherwise  provided  in  this  act  or  in  the  other  laws  of  the 
state,  he  may  remove  at  pleasure  any  city  officer  appointed  by  him. 
(Z.  1898,  Ch.  182). 

The  duration  of  term  of  office  is  at  the  pleasure  of  the  appointing 
power  if  not  declared  by  law — .State  Constitution,  Art.  X,  §  3. 

§  50.     Mayor's  powers  to  remain  as  prescribed  by  law — 

The   mavor   shall  have   such   other  powers   and  perform  such  other 


CiTV    OF     RociIKSTKk  65 

White  Charter 


duties  as  may  be  prescribed  in  this  act  or  by  other  laws  of  the  state. 
or  by  ordinances  of  the  common  council  not  inconsistent  with  the 
laws  of  the   state.     ( /.  189S.  C/i.  182). 

5;  51.  Mayor  shall  appoint  his  assistants — J'he  mavor 
shall  appoint  an  executive  clerk  and  such  other  assistants  in  the 
routine  work  of  his  office  as  the  common  council  may  by  ordinance 
prescribe.     ( /..  1898,  Ch.  182). 

\(/i"K — §§  52-60,  inclusive,  omitted  in  W'liite  Charter  as  first  enacted. 

In  addition  to  the  provisions  of  the  charier,  other  r.Aws 

PROVIDE  AS  TO  the   MAVOR  AS   FOLLOWS  : 

Shall  be  elected  by  the  electors  of  the  city — State  Constitution.  Art. 
X.  §  2. 

May  solemnize  marriage  -Domestic  Rtlations  Law.  §  11,  as  amended 
L.  i(;02.  Ch.  522. 

Shall  appoint  commissioners  of  deeds — Executive  Law,  §  sr),  and 

White  Charter,  !j  4')- 

Shall  appoint  civil  service  commissioners  and  approve  their  rules — 
('ivil  Ser\  let-  I  -aw.  §   10. 

Shall  make  annual  report  to  secretary  of  state  as  to  city's  finan- 
cial condition — 1,.   loo;,,  Ch.  347.  publisiied  in  full  this  hook,  post.        See  Inde.x. 

May  offer  rewards  for  apprehension  of  criminals — L.  ii)02.  Ch.  !^4o. 

p^ll)li^hed  in  full  this  hook,  post.      .*>(•(-  Index. 

May  issue  permits  for  the  employment  of  children  in  theaters, 
etc. —  I'enal  Code,  §  292,  as  amended  1..  1SS4,  Ch.  46;  L.  18S6,  Ch.  31,  and  L. 
i.S<)2,  Ch.  301).  §  2()2,  .w//-(/,  applies  to  all  public  shows,  I'enple  vs.  Ewer,  141 
N.  V.  12V.' 

Shall  appoint  election  officers     EKction  I. aw.  5j  i:. 

Shall  not  appoint  to  office  members  of  legislature— State  Constitu- 
tion. .\rt.  Ill,  >;  7:   city  otru  1  r-  n.it  ili^ible  to  it j^i.-laiure.  A/.,  (5  S. 

Shall  act  when  city  laws  are  received  from  legislature— c.cneral 

City  l^w.  L.  1900,  Ch.  ^,27;   §  31  amended  L.  i<>02,  Ch.  3^3. 

May  appoint  commission  to  purchase  works  of  art  to  .>;pend 
$  I  (),()()()  per  year — General  City  Law,  §  \i\ . 

Shall  designate  scales  for  the  weighing  of  coal — (kneral  City  l^w. 

§  157.  ri<)vi>ions  of  tlir  Central  City  Law  as  10  the  protection  of  buvers  of 
coal  in  cities,  published  in  full,  this  lK)(jk,  post.     See  Inde.x. 

May  consent  to  $500  being  raised  annually  to  meet  expenses  of 
Memorial  Day-  I..  iS(,7.  ch.  424.  TuMished  in  full,  this  book.  /,>../.  See 
Inde.x. 


66  Charter  Law  of  the 


Powers  of  the  Mayor — Continued 


May  call  out  the  National  Guard  in  case  of  breach  of  the  peace — 

Military  Code,  §§  g,  86,  15::. 

Must  command  mobs  to  disperse — Code  Crim.  I'roc,  §  106. 

Must  order  sufficient  police  at  public  meetings — Code  Crim.  Proc, 

§   lol . 

Shall  appoint  members  of  examining  board  of  plumbers — General 
City  Law,  §  40. 

Is  entitled  to  receive  from  secretary  of  state  bound  volumes  of 

session   laws — l.ei^islalive  Law,  §  46;  as  amended,  L.  1902,  Ch.  29;,. 

May  endorse  application  for  appointment  of  commissioners  to 
build  steam  railways — Railroad  Law,  §  120. 

Shall  appoint  police  matrons — General  City  Law,  §§  90  and  91. 

Shall  not  appoint  as  special  police  any  persons  not  citizens — Penal 
Code,  §  119;   as  amended  L.  1SS2,  Ch.  3S4,  and  L.  1892,  Ch.  272. 

Shall  appoint  trustees  of  free  libraries — University  Law,  L.  1S92, 
Ch.  37S,  §  39. 

Is  declared  a  magistrate — Code  Crim.  Proc,  §  147;  as  amended,  L.  1892, 
Ch.  279. 

Shall  not  be  interested  in  city  contracts — General  City  Law,  §  3. 

May  administer  oaths  required  by  law — Code  Civil  Proc,  §  842  ; 
PviIjUc  Officers   Law,  §  10;    Real  Property  l>avs-,  §§  248  and  249. 

Shall  endorse  application  for  admission  into  N.  Y.  state  institu= 
tionforthe  blind  —  L.  rS()7,  Ch.  744;  as  amended,  L.  1S72,  Ch.6i6. 

May  commit  children  to  incorporated  orphan  asylum — L.  1884, 
Ch.  43«- 

May  consent  to  binding  of  apprentices— Domestic  Relations  Law,  §  73. 

In  absence  of  surrogate  could  receive  petition  to  discover  con= 
cealed  property — Code  of  Civil  Proc,  §  2708;  as  amended  L.  1893,  Ch.  686, 
and  L.  1895,  Ch.  946;  amended  and  repealed  as  to  mayor,  L.  1903,  Ch.  526,  in 
effect  Sept.  1st,  1903. 

Powers  as  to  disorderly  persons — Code  Crim.  Proc,  §  900. 

May  receive  applications  in  summary  proceedings  to  remove  per= 
sons  from  real  property — CodeC^ivil  Proc,  §  2234;  as  amended,  L.  18S1, 
Ch.  122;  L.  1884,  Ch.  405,  and  L.  1895,  Ch.  946.  Code  Civil  Proc,  §  2250; 
as  amended,  L.  TS82,  C"h.  399. 

Powers  and  duties  as  to  grade  crossings  of  steam  railroads — 
Railroad  Law,  §§  60-69. 

As  to  street  surface  railroads — Railroad   Law,  §§  91  and  120. 

May  grant  licences  for  sales  of  bankrupt  stock,  goods  dam= 
aged  by  fire,  etc. — L.  189S,  Ch.  141. 


City  of  Rochester  67 


Powers  of  the  Mayor — Concluded 


May  grant  license  to  carry  firearms — L.  1883,  Ch.  375.     See  Penal 
Code,  §  410. 

Shall  issue  to  policemen  and  firemen  certificates  good  for  free  use 
of  street  railway,  telegraph  and  telephone,  when  on  duty — L.  1895,  Ch.  417, 

May  hear  applications  in  case  of  contested  elections — Legislative 
Law,  §  64. 

May  make  proclamation  permiting  foreign  flags  to  be  displayed  on 

public  buildings — L.  1S95,  Ch.  36. 

Shall  receive  reports  twice  annually  as  to  inspection  of  hotels  in  regard 
to  fire  escapes — Domestic  Commerce  Law,  §  40. 


Old  Charter 


ij  30.  Mayor  and  city  clerk  to  report 
officers'  neglect  to  give  bonds — The  mayor 
shall  report  to  the  common  council  the  names 
of  such  officers,  except  constables,  as  shall 
have  neglected  to  give  the  bond  of  security 
required  by  law.  The  city  clerk  shall  likewise 
report  to  the  common  council  the  names  of 
such  constables  as  shall  have  neglected  to  give 
or  lile  the  bond  or  security  required  by  law. 
(As  amciidcii  L.  1881,  Ch.  343). 

>?  47.     Powers  and  duties  of  mayor — 

It  shall  be  the  duty  of  the  mayor  to  take  care 
that  the  laws  of  the  state  and  the  ordinances 
of  the  common  council  be  faithfully  executed  ; 
to  exercise  a  constant  supervision  and  control 
over  the  conduct  of  all  subordinate  officers,  and 
to  receive  and  to  examine  into  all  complaints 
against  them  for  neglect  of  duty ;  to  recom- 
mend to  the  common  council  such  measures 
as  he  shall  deem  expedient,  and,  in  general,  to 
maintain  the  peace  and  good  order  and  advance 
the  prosperity  of  the  city.  In  all  criminal  mat- 
ters he  shall  have  and  possess  the  same  power 
as  a  count}-  judge  at  chambers,  and  shall  have 


68  C'har'ikr   Law  ok    iiik 


Old  Charter 


power  to  administer  oaths  and  take  affidavits 
within  said  city,  and  to  receive  therefor  the 
same  fees  that  are  allowed  to  county  judges  for 
the  same  services.     (Z.  1880.  CIi.    14). 

>;  49.  Official  bonds  to  be  filed  with 
mayor — All  official  bonds  of  said  city,  except 
as  may  be  otherwise  provided  by  law,  shall  be 
deposited  with  the  mayor  of  the  city  for  safe 
keeping,  and  it  shall  be  his  duty  to  deliver  the 
same  to  his  successor  in  office.  (/,.  1880, 
Ch.    14). 

§  281.  Power  of  mayor  to  examine 
sureties  on  bonds;  bonds  to  be  recorded 
in  county  clerlv's  office —  The  tonuuon 
council,  or  the  mayor,  or  other  officer 
whose  duty  it  shall  be  to  judge  of  the 
sufficiency  of  the  proposed  sureties  of  any 
officer  or  person  of  whom  a  bond  or  instru- 
ment in  writing  may  be  required  under  the 
provisions  of  this  act,  shall  examine  into  and 
be  satisfied  of  the  sufficiency  of  such  sureties, 
and  may  require  them  to  submit  to  an  exami- 
nation under  oath  as  to  their  property.  Such 
oath  may  be  administered  by  the  mayor  or  any 
alderman  of  said  city.  The  deposition  of  the 
surety  shall  be  reduced  to  writing,  be  signed 
by  him,  certified  by  the  person  taking  the 
same,  and  annexed  to  and  filed  with  the  bond 
or  instrument  in  writing  to  which  it  relates. 
Any  and  all  contracts,  agreements,  bonds  or 
undertakings,  made  with,  or  given  to.  said  city, 
at  any  time  heretofore,  or  hereafter,  shall, 
when  duh-  acknowledged,  be  recorded  by  the 
Monroe  county  clerk  in  his  office,  and  a  copy 
thereof  so  recorded,  certified  by  said  county 
clerk,  shall  be  as  good  evidence  in  all  courts 
and  places  as  the  original  contract,  agreement, 
bond  or  undertaking,  which  shall  be  safely 
kept  by  the  mayor,  clerk,  or  other  officer  of 
said  city  having  lawful  custody  thereof,  after 
being  recorded,  as  aforesaid.  {As  amended 
L.  1892.  Ch.  190). 


CiTV    OK    ROCHESTKR  69 

Old  Charter 


§  282.  Power  of  mayor,  common 
council  or  committees  to  administer 
oaths  and  issue  subpoenas — The  nia\()r. 
president  of  the  common  council,  or  the 
chairman  of  any  committee  or  special  commit- 
tee of.  or  appointed  by.  the  common  council, 
shall  have  power  to  administer  any  oath  or 
take  any  afftdavit  in  respect  to  any  matter  pend- 
ing before  said  mayor,  common  council  or 
such  committee.  The  mayor  or  chairman  or  a 
majority  of  any  such  committee,  may  issue 
subpcenas  for  the  attendance  of  witnesses  and 
production  of  books  and  papers  before  him  or 
them,  as  a  chairman  or  a  majority  of  a  com- 
mittee is  authorized  to  do  by  section  eight 
hundred  and  hftj'-four  of  the  code  of  civil 
procedure ;  the  provisions  of  sections  eight 
hundred  and  fifty-two.  eight  hundred  and  hfty 
three,  eight  hundred  and  hfty-hve  to  eight 
hundred  and  fifty-eight,  inclusive,  and  eight 
hundred  and  sixty  to  eight  hundred  and  sixty 
four,  inclusive  of  said  code,  so  far  as  they  can 
be  made  applicable,  shall  apply  to  the  issue 
and  service  of  subpoenas,  the  attendance,  dis- 
obedience, punishment,  exemption  and  dis- 
charge of  witnesses  subpcenaed  under  this 
section.     {As  itmrndcd  L.  iSfjo.  Ch.  561). 

Powers  of  common  council  investigating; 
committees — See  fleneral  City  Law,  §§  5-7. 

?!  28:;.  Perjury — Any  person  who  may 
be  reciuired  to  lake  any  oath  or  affirmation,  or 
make  any  affidavit  or  statement  under  oath  or 
affirmation,  under  or  by  virtue  of  any  provision 
of  this  act,  who  shall,  under  such  oath  or  affir- 
maticjn  in  any  statement  or  affidavit,  or  other- 
wise, willfully  swear  falsely  as  to  anv  material 
fact  or  matter,  shall  be  guiltv  of  perjury. 
(  /,.   iSSo.  C/i.  I  4"). 


70  Charter  Law  of  thk 


White  Charter 


ARTICLE    IV 

DEPARTMENT    OF     FINANCE 

§  6i.  Comptroller  and  deputies — There  shall  be  a  comp- 
troller, who  shall  be  elected  at  the  city  election  at  the  same  time  as 
the  mayor,  and  who  shall  receive  an  annual  salary  of  thirty-five  hun- 
dred dollars.  He  shall  hold  office  for  two  years.  He  may  appoint, 
to  hold  office  during  his  pleasure,  a  deputy  and  such  other  subordi- 
nates as  may  be  prescribed  by  the  board  of  estimate  and  apportion- 
ment. In  case  of  vacancy  in  the  office  of  comptroller  the  mayor 
shall,  within  ten  days,  fill  the  vacancy  by  appointment  for  the  remain- 
der of  the  term.     (Z.  1898.  Ch.  182). 

Oath  of  office— Public  Officers  Law,  §  10.  Powers  of  deputies — Id.,  §  9. 
failure  to  take  oath — Penal  Code,  §§  42,  43.  Effect  on  official  acts  of  failure  to 
take  oath — Public  Officers  Law,  §  1 5. 

§  62.     Bonds  of  comptroller  and  deputies — The  comptroller 

and   deputy  comptroller,   before   entering   upon   the   duties  of   their 

respective  offices,  shall  each  give  a  bond  to  the  city  in  such  penal 

sum  as  may  be  prescribed  by  the  common  council,  with  two  or  more 

sureties,  to  be  approved  by  the  mayor,  conditioned  for  the  faithful 

discharge  of  their  duties,  which  bonds,  when   so  approved,  shall  be 

filed   in   the  office  of    the  county  clerk  of  the  county  in  which  the 

city  is  located,  where  they  shall  be   recorded  as  required  in  the  case 

of  bonds  of  town  collectors.     (Z.  1898,  Ch.  182). 

Official  bonds  generally — Public  Officers  Law.  §5;  11-13.  Acting  without 
filing  bond — Penal  Code,  §§  42,  43;  and  Public  Officers  Law,  §  15.  Guarantors 
and  Sureties,  L.  1881,  Ch.  4S6 ;   L.  1893,  Ch.   720,  as  amended  L.    1895,  Ch.  178. 


City  of  Rochester  71 


White  Charter 

§  63.  Office  hours  of  comptroller — The  office  of  comptroller 
shall  be  kept  at  a  place  to  be  designated  by  ordinance  of  the  common 
council,  and  shall  be  kept  open  for  the  transaction  of  business  each 
day  in  the  year,  Sundays  and  legal  holidays  excepted,  from  nine  o'clock 
in  the  forenoon  until  three  o'clock  in  the  afternoon,  and  at  such  other 
hours  as  the  common  council  may  from  lime  to  time  direct.  (Z.  1898, 
Ch.  182). 

§  64.  Duties  of  comptroller — The  comptroller  shall  superin- 
tend the  fiscal  concerns  of  the  city  and  manage  the  same  pursuant 
to  law  and  the  ordinances  of  the  common  council.  He  shall  keep  a 
separate  account  with  every  department  for  which  funds  are  specially 
raised  by  ta.x  ;  or  for  whicii  funds  are  raised  by  assessment  for  local 
or  other  improvements.  He  shall  require  all  drafts  for  the  payment 
of  any  claims  against  the  city  to  state  particularly  against  which  of 
such  funds  the  drafts  are  drawn,  and  shall  not  permit  any  of  such 
specific  funds  to  be  overdrawn,  nor  permit  moneys  to  be  drawn  from 
one  fund  to  pay  the  claims  chargeable  to  another.    (/,.  1898.  Ch.  182). 

§  65.     Audit  of  claims  against  the  city  and  appeals  from 

audit — The  comptroller  shall  prescribe  the  form  of  all  claims  to  be 
presented  against  the  city,  and  the  form  and  substance  of  the  afiidavit 
to  be  appended  thereto  and  sworn  to  by  the  claimant.  Whenever 
any  person  intends  to  present  for  payment  a  claim  against  the  city, 
he  shall  prepare  and  \erif\-  it.  and  tlieri  procure  the  approval  as  to 
the  form  thereof,  in  writing,  of  the  department  or  officer  whose  action 
gave  rise  or  origin  to  the  claim,  and  the  same  shall  then  be  presented 
to  the  comptroller  for  his  examination  and  audit:  but  this  shall  not 
be  required  as  to  a  claim  for  a  fixed  salary,  for  the  principal  or 
interest  on  a  bonded  or  funded  debt,  or  for  the  regular  or  stated  com- 
pensation of  the  clerks,  teachers,  police  officers,  firemen,  or  appointees 
in  any  of  the  departments,  or  for  work  performed  or  materials  fur- 
nished under  contract  with  the  board  of  contract  and  supply,  or  as  to 


72  CiiARiKK   Law  ok    thk 

Wliile  Charier 

claims  or  hills  audited  and  allowed  b\-  llic  dc])artmc'nt  of  ]:)ublit 
instruction.  The  comptroller  shall,  once  in  e\eiy  two  weeks,  cause 
all  claims  which  have  been  presented  to  him  for  audit  to  be  printed 
and  numlx-'red,  and  copies  thereof  to  be  distributed  to  the  mayor,  to 
each  member  of  the  common  council,  to  the  head  of  each  depart- 
ment, and  to  every  taxpayer  entitled  thereto  under  section  four  hun- 
dred and  seventy-two  of  this  act.  He  shall  take  no  action  upon  any 
claim  until  five  days  after  such  distribution,  and  when  he  shall  have 
taken  action  thereon  he  shall  cause  copies  of  all  claims  and  his  action 
upon  them,  with  any  reason  for  such  action  which  he  may  have  to 
give,  to  be  sent  to  each,  the  claimant  and  the  common  council.  If 
the  claimant  be  dissatisfied  with  the  audit,  he  may  appeal  to  the 
board  of  estimate  and  apportionment,  by  serving  notice  of  appeal,  in 
writing,  upon  the  comptroller  within  five  days  after  he  receives  the 
comptroller's  audit.  If  the  common  council,  or  the  mayor,  or  the 
city  treasurer,  or  the  corporation  counsel,  or  any  taxpayer,  be  dis- 
satisfied with  such  audit,  it  or  he  may  appeal  to  the  same  board,  on 
behalf  of  the  city,  in  like  manner,  by  serving  notice  of  appeal 
upon  the  claimant  and  the  comptroller  and  the  treasurer,  within  ten 
days  after  the'meeting  of  the  common  council  at  which  such  claims 
sliall  ha\e  been  reported  b\-  the  comptroller.  The  hoard  of  estimate 
and  apportionment  shall  make  rules  for  the  procedure  upon  the  hear- 
ing of  such  appeals,  and  the  decision  and  audit  of  that  board,  after 
hearing  upon  the  appeal  to  it,  shall  be  final  and  conclusive  as  to  the 
amount  of  the  claim  ;  but  if  there  be  no  appeal  from  the  original 
audit,  it  shall  in  like  manner  be  final  and  conclusive.  I'pon  the 
appeal  herein  provided  for,  the  treasurer  shall  take  the  place  of  the 
comptroller  as  a  member  of  the  board.  The  comptroller,  and  the 
board  of  estimate  and  apportionment,  upon  appeal  to  it  as  herein 
provided,  shall  ha\e  authority  to  take  evidence  and  examine  witnesses 
in  reference  to  the  claim,  and  for  that  purpose  may  issue  subpoenas 
for  the  attendance  of  witnesses  ;  and  the  comptroller  and  each  mem- 


('nv  OK  RociiKsiKK  73 

White   Chartci 

ber  of  the  board  of  estimate  and  ap])oi"tionincnl  is  hereby  declared  to 
be  ^-.v  offtiio  a  commissioner  of  deeds.  When  a  claim  has  been  finally 
audited,  it.  with  the  certificate  of  the  comptroller,  or,  in  case  of 
appeal,  with  the  certificate  of  the  board  of  estimate  and  apportion- 
ment endorsed  thereon,  shall  be  tiled  in  the  otifice  of  the  treasurer, 
and  remain  a  record  therein.  All  claims  and  bills  which  are  audited 
by  any  board  or  department  which  has  power  to  audit  bills,  and  all 
warrants  and  drafts  drawn  in  payment  of  an\-  claims  or  bills  against 
the  city  must  be  presented  to  the  comptroller  to  be  countersigned  by 
him  before  they  are  paid  from  the  city  treasury  ;  and  the  treasurer 
shall  not  pay  any  such  claims,  hills,  warrants  or  drafts  unless  they  are 
countersigned  by  the  comptroller.  A  list  of  all  bonds  issued  by  the 
city  shall  be  kept  in  the  comptroller's  office,  where  it  shall  be  open  to 
the  inspection  of  any  citizen  ;  and  when  any  bonds  are  paid  by  the 
treasurer,  they  shall  be  presented  by  him  to  the  comptroller  for  can- 
cellation.     {As  atiu'iidcd  f..  1903.  Cli.  529). 

FaLse  audit  and  paying  of  claims  a  felony — I'Liial  Cock,  §§  i(i3-i6(). 

When  costs  not  allowed     ( Ulc  (  i\il  I'na.,  §  3245. 

Claims  for  damages  to  person  or  property — §  4'H    Wliiic  ("liartei. 

.iiul  §ij  So  .itul  2iN  (  >!<!  ('liaili i,  ilii>  l)i>(ik.  /•!',>/.      Sl-l-  liulcx. 

Checks  for  duly  certified  pay-rolls  must  be  countersigned — People 
e.\  rel.  lianittt  v.s.  JolniMoii.  ^S  Misc.  (145;  atiirnieci.  \vitlin\it.  opinioit.  75  .Ajip. 
Div.    630. 

§  66.  Payment  of  claims  Any  person  i)resenling  for  pay- 
ment a  claim  against  the  citv.  or  an\  hoard  thereof,  shall  use  his  own 
name,  or  the  name  of  the  tirm  of  which  he  is  a  member.  If  anv  per- 
son shall  use  a  name  other  than  his  own.  or  that  of  the  tirm  of  which 
he  is  a  member,  he  shall  be  guiltv  of  a  misdemeanor,  and  any  mem- 
ber of  any  board,  or  any  oliicer  of  the  cit\ ,  who  shall  knowingly 
approve,  audit  01  jiay  an\-  such  claim  shall  be  guilty  of  a  like  offense. 
The  comptroller  or  treasurer  upon  receipt  of  a  complaint  under  oath 
and  in  writing,  signed  by  any  citizen,  stating  that  he  has  reason  to 
believe  that  any  illegal  claim  has  been  presented,  shall   withhold  pay- 


74  CiiARTKK   Law  ok    iiik 

White  Charter 

inent  of  the  claim  until  satisfiecl  of  its  legality.  No  claim  shall  be 
paid  until  the  time  to  appeal  from  the  audit  thereof  has  expired,  and 
if  an  appeal  has  been  taken  within  such  time,  until  the  appeal  shall 
have  been  decided.     (/.    1898,   Ch.  182). 

Presenting  false  claims  a  felony — renal  Code.  §  672. 

§  67.     Comptroller  to  keep  account  with  treasurer — The 

comptroller  shall  keep  an  account  between  the  city  and  the  treasurer, 
and  for  that  purpose  he  shall  procure  from  the  banks  in  which  the 
city's  funds  are  deposited  by  the  treasurer,  monthly  statements  of  the 
moneys  which  have  been  received  and  paid  out  on  account  of  the 
city,  and  he  shall  examine  the  treasurer's  books,  accounts  and  bank 
books  and  ascertain  as  to  their  correctness  and  report  on  tlie  same 
monthly  to  the  common  council.     (Z.    1898,   Ch.    182). 

§  68.  Comptroller  to  publish  annual  report — The  comp- 
troller shall,  on  or  before  the  tirst  day  of  January  in  each  year, 
publish  in  book  form  or  pamphlet  form,  verified  by  his  oath  or 
affirmation,  a  full  and  accurate  statement  of  the  financial  condition  of 
the  city,  shchving  the  amount  of  receipts  and  expenditures  of  the  cit)' 
since  the  last  annual  report,  the  sources  from  which  the  funds  have 
been  derived  and  for  what  purposes  expended ;  such  publication  to  be 
accompanied  by  a  statement  in  detail,  in  separate  columns,  showing 
the  several  funds  belonging  to  the  cit\-.  the  amount  drawn  on  each 
fund,  and  its  then  present  condition,  showing  also  the  several  debts 
of  the  city,  when  the  same  are  payable  and  the  rate  of  interest  on 
each,  and  he  shall  file  a  copy  of  every  such  statement  in  the  office  of 
the  state  comptroller.  He  shall  perform  such  other  and  fiu-ther 
duties  pertaining  to  his  oflice,  not  inconsistent  with  the  proxisions  of 
this  act  or  the  other  laws  of  the  state,  as  may  from  time  to  time  be 
prescribed  by  ordinances  of  the  common  council.    (Z.  1898,  Ch.  182). 

Chief  fiscal  officers  shall  make  annual  report  to  secretary  of  state  as 
to  city's  financial  condition — L.  1903,  Ch.  347.  Printed  in  full  this  book,  post. 
See  Index. 


I 


City  of  Rochester  75 


"White  Charter 


§  69.  Comptroller  custodian  of  sinking  funds — The  comp- 
troller shall  have,  under  the  direction  of  the  board  of  estimate  and 
apportionment  and  the  ordinances  of  the  common  council,  the  cus- 
tody and  management  of  any  sinking  fund  provided  for  the  payment 
or  redemption  of  city  debts.     (Z.  1898,   Ch.   182). 

Note — §§   70-7S,  inclusive,  omitted  in  White  Charter  as  first  enacted. 

§  79.  Treasurer  and  deputies — There  shall  be  a  treasurer, 
who  shall  be  elected  at  the  city  election  at  the  same  time  as  the  mayor, 
and  who  shall  receive  an  annual  salary  of  three  thousand  dollars. 
He  shall  hold  office  for  two  years.  lie  may  appoint  to  hold  office 
during  his  pleasure,  a  deputy  and  such  other  subordinates  as  may  be 
prescribed  by  the  board  of  estimate  and  apportionment.  During  the 
temporary  absence  or  inability  of  the  treasurer,  or  his  suspension  or 
removal  from  office,  the  deputy  shall  discharge  the  duties  of  the  office. 
In  case  of  a  vacancy  in  the  office  of  the  treasurer,  the  mayor  shall, 
within  ten  days,  fill  the  vacancy  by  appointment  for  the  remainder  of 
the  term.     (Z.  1898,  Ch.  182). 

See  note  as  to  oaths  of  office  under  §  6i,  Wliite  Charter  this  liook.  ,iitlt-. 

§  80.  Bonds  of  treasurer  and  deputies — The  treasurer  and 
deputy  treasurer,  before  entering  upon  the  duties  of  their  respective 
offices,  shall  each  give  a  bond  to  the  city  in  such  penal  sum  as  may 
be  prescribed  by  the  common  council,  with  two  or  more  sureties,  to 
be  approved  by  the  mayor,  conditioned  for  the  faithful  discharge  of 
their  duties,  which  bonds,  when  so  approved,  shall  be  tiled  in  the 
office  of  the  county  clerk  of  the  count)-  in  w^hich  the  city  is  located, 
where  they  shall  be  recorded,  as  required  in  the  ca.se  of  bonds  of 
town  collectors.     (/.  1898.  Ch.  182). 

See  note  as  to  official  bonds  under  §  6-.  White  Charier,  this  book.  ante. 
§  Si.     Additional  bonds — Repealed,  Z.  1899.  Ch.  581. 


70  Char  IKK   Law  of    iiik 

White  Charter 

ii  Sj.  Office  hours  of  treasurer  The  office  of  the  treasurer 
shall  be  ke])t  at  a  place  designated  by  ordinance  of  the  common 
council,  and  shall  be  kept  open  for  the  transaction  of  business  each 
da\-  in  the  year,  Sunda3s  and  legal  holidays  excepted,  from  nine  o'clock 
in  the  forenoon  until  three  o'clock  in  the  afternoon,  and  at  such  other 
hours  as  the  common  council  may  from  time  to  time  direct.  (/..  1898, 
67/.  182). 

§  83.  Duties  of  treasurer — 'I'he  treasurer  shall  receive  and 
have  the  care  and  custody  of  all  moneys  of  the  city  and  he  shall  pay 
them  out  as  hereinafter  provided.  He  shall  also  demand,  collect  and 
receive  all  claims  and  moneys  due  to  the  city  from  any  source.  All 
moneys  of  the  city  received  by  the  treasurer  shall  be  deposited  by 
him  daily  in  two  or  more  banks  designated  by  the  board  of  estimate 
and  apportionment.  The  interest  on  such  deposits  shall  belong  to 
the  city.  No  money  shall  be  drawn  out  of  the  city  depository  except 
on  checks  or  drafts  signed  by  the  treasurer  and  countersigned  by  the 
comptroller,  and  such  checks  or  drafts  shall  always  be  made  payable 
to  the  person  entitled  to  receive  the  money,  unless  such  money  be 
drawn  for  public  use  in  the  treasurer's  office,  in  which  cases,  the 
checks,  so  signed  and  coimtersigned,  shall  be  made  payable  to  the 
order  of  the  treasurer.  The  treasurer  shall  keep  a  separate  account 
with  every  department  for  which  funds  are  specially  raised  by  tax  or 
for  which  funds  are  raised  by  assessment  for  local  or  other  improve- 
ments, and  in  every  check  and  draft  drawn  by  him,  he  must  state  par- 
ticularly against  which  of  such  funds  the  check  or  draft  is  drawn 
(unless  the  money  is  drawn  for  use  in  the  office) :  he  shall  at  no  time 
permit  any  fund  to  be  overdrawn  ;  or  draw  upon  one  fund  to  pay  a 
claim  chargeable  to  another ;  and  no  money  shall  be  paid  out  by  him 
unless  upon  a  bill,  claim,  draft  or  warrant  audited  or  drawn  b}'  the 
proper  officer,  board  or  department  and  in  all  cases  countersigned  by 
the  comptroller,  except  for  principal  and  interest  upon  the  bonds  of 
the  city.     (As  amended  L.  1899,  Cli.  581). 


City  of  Rochester  77 

White   Charter 

§  84.  Bank  accounts  of  treasurer — The  moneys  so  depos- 
ited shall  be  placed  to  the  credit  of  the  city ;  and  the  treasurer  shall 
keep  bank  books  in  which  shall  be  entered  his  account  of  deposits 
in,  and  moneys  drawn  from,  the  banks  in  which  such  deposits  shall 
be  made;  and  he  shall  exhibit  such  books  to  the  comptroller  for  his 
inspection  at  least  once  in  ever}'  month,  and  oftener  if  required.  The 
banks  in  which  such  deposits  are  made  shall  respectively  trans- 
mit to  the  comptroller  monthly  statements  of  the  moneys  which  shall 
be  received  and  paid  out  b\-  them  on  account  of  the  cit}-.  (/.  1898, 
Ch.  182). 

5?  85.  Treasurer  to  report  to  comptroller — The  treasurer 
shall  report  to  the  comptroller,  at  the  end  of  each  day's  business,  by 
items,  the  moneys  received.     (Z.  1898,  Ch.  182). 

i?  86.  General  duties  of  treasurer — The  treasurer  shall  per- 
form such  other  duties,  not  inconsistent  with  the  provisions  of  this 
act  or  the  other  laws  of  the  state,  as  may  from  time  to  time  be  pre- 
scribed by  ordinances  of  the  conunon   council.     ( /.  1898.  67/.  182). 

Note — §§  X7-95,  inchisive,  omitted  in  Wliite  ("harter  as  first  enacted. 

§  96.  Board  of  estimate  and  apportionment;  preparation 
of  tax  budget — TIkmc  shall  be  a  board  of  estimate  and  apportion- 
ment which  shall  consist  of  the  mayor,  comptroller,  corporation  coim- 
sel,  president  of  the  common  council  and  the  city  engineer,  e.xcept 
that  when  the  number  of  subordinates  or  the  salaries  thereof  in  the 
department  of  an)-  of  the  members  of  said  board,  are  to  be  li.xed  and 
determined,  the  treasurer  shall  temporarily  take  the  place  of  the  mem- 
ber whose  number  of  subordinates  or  the  salaries  thereof  is  under 
consideration  for  the  purpose  of  h.xing  such  salaries  or  number  of 
subordinates,  and  for  that  purpose  alone.  The  members  of  the  board 
shall  meet  upon  tiie  call  of  the  mayor,  or  as  directed  bv  tiie  board. 
The  mayor  shall  be  president  of  the  board  and  the  citv  clerk  siiall  act 


78  Charter  Law  ok  thk 

Wliiti-    ('hartt-r 

Board  of  Hstlmate  and  Apportionment — Coiuiimcd 
as  secretar)'  thereof.  Witliin  sixty  days  after  the  commencement  of 
each  fiscal  year,  the  board  of  estimate  and  apportionment  shall  make 
an  estimate  of  the  several  sums  of  money  which  it  deems  necessary 
to  be  raised  by  tax  to  pay  tlie  expenses  of  conducting  the  business  of 
the  city  in  each  department  and  office  thereof  and  for  the  various  pur- 
poses contemplated  by  this  act  and  otherwise  by  law  for  the  fiscal 
year,  and  also  to  pay  the  principal  and  interest  of  any  city  indebted- 
ness falling  due  during  the  year,  provided,  however,  that  in  any  city 
where  at  the  time  of  the  taking  effect  of  the  act  hereby  amended,  the 
taxes  for  state,  county  and  city  purposes  were  included  in  one  levy, 
the  common  council  niav  by  ordinance  direct  tliat  the  said  estimate 
be  made  within  sixty  days  prior  to  the  commencement  of  such 
fiscal  year.  After  it  has  made  such  estimate,  it  shall  sub- 
mit it  in  writing  with  such  reasons  for  it  in  detail  as  it  may 
have  to  give,  to  the  common  council,  which  shall  convene  and  con- 
sider such  estimate.  The  common  council  shall  hear  any  taxpayer 
who  wishes  to  be  heard  in  reference  thereto,  and  after  such  hearing  it 
may  adopt  such  estimate  as  is  submitted  to  it,  or  diminish  or  reject 
any  item  therein  contained,  except  such  as  relates  to  the  city  debt  and 
adopt  the  estimate  as  thus  amended;  but  it  shall  not  increase  any 
item  in  such  estimate  for  any  department,  ofiice  or  purpose.  When 
it  shall  have  adopted  the  estimate  as  herein  provided  the  same  shall 
be  entered  at  large  in  its  minutes  and  published  in  its  proceedings  ; 
and  the  several  sums  in  the  final  estimate  so  adopted  shall  be  and 
become  appropriated  for  the  several  departments,  offices  and  purposes 
named  in  the  estimate  for  the  ensuing  fiscal  year  ;  and  such  estimate 
shall  be  known  as  the  tax  budget  and  the  several  amounts  therein 
named  shall  be  levied,  assessed  and  raised  by  tax  upon  the  real  and 
personal  property  liable  to  taxation  in  the  city  at  such  times  and  in 
such  manner  as  is  provided  in  and  by  the  laws  relating  to  the  levying 
and  collection  of  taxes  which  were  in  force  at  the  time   of  the  taking 


CiTV  OK  Rochester  79 

White  ('liarter 

Board  of  Hstimate  and  Apportionment — Continued 
effect  of  this  act  in  each  of  the  respective  cities  to  which  this  act 
applies;  provided,  however,  that  in  any  cit}-,  where  at  the  time  of  the 
taking  effect  of  the  act  hereby  amended,  there  was  no  provision  of 
law  for  the  creation  or  maintenance  of  a  sinking  fund,  for  the  pur- 
poses of  providing;  for  the  funded  indebtedness  of  the  city,  that  then, 
thirty  per  centum  o  all  moneys  or  revenues  received  by  the  city,  or 
by  any  otVicer,  board  or  department  thereof,  from  any  source  other 
than  by  municipal  tax  shall,  upon  the  receipt  of  the  same,  be  forth- 
with deposited  in  a  separate  account,  or  in  separate  accounts,  in  a 
bank  f)r  banks,  designated  as  a  city  depository,  to  the  credit  of  the 
bonded  indebtedness  of  the  city.  Such  deposit  shall  be  kept  as  a 
fund  separate  and  apart  from  all  other  funds  of  said  city,  and  shall  be 
known  as  the  "  sinking  fund."  and  it  shall  remain  and  be  used  for 
no  other  purpose  than  for  the  payment  of  the  principal  of  the  funded 
indebtedness,  other  than  that  incinred  for  local  improvements,  and 
shall  be  applied  and  used  in  retiring  the  principal  of  such  bonded 
indebtedness  as  it  matures :  and  the  balance  of  said  moneys  or 
revenues  received  by  the  city,  or  by  any  officer,  board  or  department, 
from  any  source  other  than  by  municipal  tax.  shall  be  used  for  the 
purpose  of  reducing  the  tax  budget  of  the  city,  in  the  manner  follow- 
ing:  Within  sixty  days  after  the  conuiiencement  of  each  fiscal  year, 
except  as  otherwise  provided  herein,  the  board  of  estimate  and  appor- 
tionment shall  make  an  estimate  of  the  probable  revenues  to  be 
received  by  the  cit\  dm  ing  the  said  fiscal  year,  and  also  an  estimate 
of  the  several  sums  of  money  which  it  deems  necessary  to  pay  the 
expenses  of  conducting  the  business  of  the  cit}-  in  each  department 
and  office  thereof,  and  for  the  various  purposes  contemplated  bv  this 
act.  and  otherwise  by  law  for  the  fiscal  year,  and  also  to  pay  the 
principal  and  interest  of  any  city  indebtedness  falling  due  during  the 
year  not  otherwise  provided  for.  After  it  has  made  such  estimates,  it 
shall  submit  them  in  writing,  with  such  reasons  for  them  in  detail  as 


80  Cii  \R  iKR    Law  or    i  hk 

While   Charter 

Board  of  Estimate  and  Apportionment  ( Ontimud 
it  may  have  to  give  to  the  common  council,  which  sliall  C()n\ene  and 
consider  sucli  estimates.  The  common  council  siiall  iieai  an\'  tax- 
payer who  wishes  to  be  heard  in  reference  thereto,  and  after  such 
hearing,  it  may  adopt  such  estimates  so  submitted  to  it,  or  diminish 
or  reject  any  item  therein  contained,  except  such  as  relates  to  the  city 
indebtedness  or  the  estimated  revenue,  and  adopt  the  estimates  as 
thus  amended  :  but  it  shall  not  increase  any  item  in  svich  estimates 
for  any  department,  otirtce  or  purpose.  When  it  shall  have  adopted 
the  sums  as  herein  provided  the  same  shall  be  entered  at  large  in  its 
minutes  and  published  in  its  proceedings.  The  se\eral  sums  con- 
tained in  the  final  estimates  of  revenue  to  be  receixed  b\-  the  city 
applicable  for  such  purpose,  and  of  moneys  necessary  to  be  raised  by 
tax,  in  addition  thereto,  to  pay  the  expenses  of  conducting  the  busi- 
ness of  the  city,  shall  be  and  become  appropriated  in  the  amounts 
and  for  the  several  departments,  offices  and  purj)oses  named  therein, 
for  the  ensuing  fiscal  year.  The  se\eral  amounts  specilied  in  such 
final  estimate  as  necessary  to  pay  the  expenses  of  conducting  the 
business  of  the  city  and  for  the  xarious  purposes  contemplated  by  this 
act  and  otherwise  by  law  for  the  fiscal  year,  after  deducting  that 
portion  of  the  estimated  revenues  applicable  for  such  purpose,  shall 
constitute  the  tax  budget,  and  the  amount  of  said  budget  shall  be 
levied,  assessed  and  raised  by  tax  upon  the  real  and  personal  property 
liable  to  taxation  in  the  city,  at  such  times  and  in  such  manner  as  is 
provided  in  and  b\-  the  laws  relating  to  the  levy  and  collection  of 
taxes,  which  were  in  force  at  the  time  of  the  taking  effect  of  this  act, 
in  each  of  the  respective  cities  to  which  this  act  applies,  in  case  the 
revenues  received  by  the  city  exceed  the  estimated  amount  of  such 
revenues,  or  in  case  there  may  remain  any  unexpended  balances  of 
the  appropriations  made  for  the  support  of  the  city  government  for 
the  previous  year,  then  such  excess  or  such  unexpended  balances 
shall  be  retained   l)y  the  city  upon   deposit  and   included  as  a  part  of 


City  ok   Roe  H^:sTKR  81 

While  Charter 

Board  of  Estimate  and  Apportionment— Continued 

the  estimated  revenues,  and  applied  toward  reducinj^;  the  tax  budget 
for  the  succeeding  year.  In  case  the  tax  budget  has  been  adopted 
for  the  year  nineteen  hundred,  prior  to  the  time  this  act  takes  effect, 
then  the  board  of  estimate  and  apportionment  shall  again  make  an 
estimate  to  the  common  council,  and  said  common  council  shall  act 
thereon  in  accordance  with  the  provisions  of  this  section,  in  the  same 
manner,  and  with  the  same  force  and  effect,  as  if  this  act  had  become 
a  law,  prior  to  the  adoption  of  the  tax  budget.  For  the  year  nine- 
teen hundred,  the  board  of  estimate  and  apportionment  of  any  such 
city  shall  have  sixt}-  days  additional  time  within  which  to  sub- 
mit its  estimates,  as  herein  provided,  to  the  common  council. 
The  several  officers,  boards  and  departments  of  the  city  shall 
be  governed  by  the  said  estimate  and  apportionment  and  shall 
not  incur  any  debts,  expenses  or  liabilities,  either  in  excess  or 
independent  of  the  several  sums  respectively  allotted  to  them.  The 
city  shall  ha\e  the  power  to  borrow  money  with  which  to  pay  the 
debts  and  expenses  of  the  city,  within  the  estimate,  in  anticipation  of 
the  receipt  of  the  city  taxes,  and  revenues  applicable  to  such  purpose, and 
the  common  council  ma\-  provide  for  the  issuing  of  certificates  of  indebt- 
edness or  revenue  bonds  to  be  signed  by  the  mayor  and  treasiuer  and 
countersigned  by  the  comptroller  for  such  purpose ;  and  such  certifi- 
cates or  bonds  shall  be  paid  out  of  the  moneys  received  as  such 
taxes,  and  revenues  applicable  to  such  purposes.  It  shall  not  be 
lawful  for  the  city  or  any  officer,  board  or  department  thereof,  to 
expend  or  contract  to  be  expended,  or  to  incur  any  liability  in  the 
current  fiscal  year,  for  a  greater  sum  than  is  so  estimated  for  such 
officer,  board  or  department,  and  so  provided  for  by  the  common 
council  in  the  final  estimate  and  tax  levy  of  such  year  as  afore- 
said. But  this  shall  not  be  held  to  prohibit  the  commissioner 
in  charge  of  tiie  health  department  in  the  city  from  expending 
such    sum    or    incurrin<r    such   debts  bevond   the  amount    estimated 


82  CHAklKk     I, AW    0|-    THE 

White  Charter 

Board  of  Estimate  and  Apportionment — Continued 
and  |)rovided  for  said  department  as  may  l)e  actually  necessary 
to  prevent  the  spread  of,  or  to  suppress  any  contagious  or  in- 
fectious disease,  or  any  epidemic  in  the  city.  It  shall  not  be  law- 
ful for  any  officer,  board  or  department  of  the  city  to  make  or 
enter  into  any  contract  for  work,  labor  or  services,  or  the  hiring 
of  employees,  or  for  the  purchase  of  any  supplies,  materials  or 
apparatus,  or  the  making  of  improvements  or  repairs,  which  by  the 
terms  of  such  contract  involves  an  expenditure  of  money  or  liability 
therefor,  which,  after  taking  into  account  the  expenditures  and 
liabilities  already  made  or  incurred,  shall  be  in  excess  of  the 
amount  which  has  been  estimated  and  allowed  to  such  officer, 
board  or  department  in  the  final  estimate  adopted  by  the  common 
council  for  the  current  fiscal  year  in  which  such  contracts  shall 
be  made.  Any  contract,  verbal  or  written,  made  in  violation  of 
this  section  shall  be  null  and  void  as  to  the  city,  and  no  moneys 
belonging  to  the  city  shall  be  paid  thereon,  but  this  section 
shall  not  prevent  the  making  of  contracts  for  light  or  water  for 
periods  exceeding  one  year.  Any  officer,  or  any  member  of  any 
board  or  department  of  the  city,  making  or  voting  for  any  contract 
prohibited  by  this  section,  or  auditing  any  accounts  or  claims  thereun- 
der, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  fine  or  imprisonment,  or  by  both,  in  the  dis- 
cretion of  the  court  before  which  such  conviction  shall  be  had.  Hut 
except  in  any  city  where  at  the  time  of  the  taking  effect  of  the  act 
hereby  amended,  there  is  no  provision  of  law  for  the  creation  or 
maintenance  of  a  sinking  fund  for  the  purpose  of  providing  for  the 
funded  indebtedness  of  the  city,  or  as  may  be  otherwise  provided 
by  law  when  any  moneys  or  revenues  are  received  by  any  officer, 
board  or  department  of  the  city  from  any  source  other  than 
by  municipal  tax,  such  moneys  or  revenues  may  be  used  and 
applied    towards    and     in     addition     to    the    funds    so    estimated 


City  of  Rochester  83 


White  Charter 


and  allowed  as  aforesaid,  in  such  manner  as  in  the  judgment 
of  said  board  of  estimate  and  apportionment  may  be  most 
beneficial  to  the  city.  Where,  in  any  cit)',  under  existing  laws 
applicable  thereto,  the  board  of  estimate  and  apportionment  is 
authorized  and  directed  to  make  out  a  preliminary  estimate  and 
apportionment  of  the  several  sums  of  money  which  they  deem  neces- 
sary to  be  raised  by  tax  to  pay  the  expenses  of  conducting  the 
business  of  the  city  in  each  department  and  office  thereof,  and  for  the 
various  purposes  authorized  by  law  for  the  next  fiscal  year,  and  also 
to  pay  the  principal  and  interest  of  any  city  indebtedness  falling  due 
during  the  year,  it  shall  be  lawful  for  the  board  of  estimate  and  ap- 
portionment to  make  such  preliminary  estimate  and  apportionment, 
and  for  the  common  council  to  adopt  the  same  as  a  preliminary 
estimate  and  apportionment ;  and  the  city  may,  from  time  to  time, 
borrow  money  for  the  purpose  of  paying  such  expenses  and  debts 
within  the  amount  of  such  preliminary  estimate  and  apportionment  in 
anticipation  of  the  receipt  of  the  city  taxes,  by  the  issuing  of  certifi- 
cates of  indebtedness  or  revenue  bonds  in  the  manner  above 
prescribed;  but  in  such  cases  the  board  of  estimate  and  apportion- 
ment shall,  at  the  proper  time,  make  up,  and  the  common  council 
shall  adopt  the  final  estimates  as  hereinbefore  provided  for.  {Amended 
I..    1S99,  Ch.  5<Si  :    /..  Kjoo.  Ch.  415  :    /..   1900.  Ch.  433). 

Banks  may  transfer  city  bonds  to  superintendent  of  banks— Hank- 

inj;  Law,  §  (.4. 

I'unded  debts  and  municipal  bonds— (General  Municipal  Law,  §§  4-19- 

Funded    debt  defined  —  People  ex  rel.  I'eene  vs.  Carpenter,  31  App.  I)iv. 

603  (1S9S). 

Money   to  pa>  bonds   must   be   pros  Ided  — Marsh  vs.  Town  of   Little 
Valley,  i^\  N.  ^  .  1  u  1  iS^d). 

Provisions  as  to  funded   debts  an  enabling  act  i«>r  cities — City  of 

I'oughkeepsie  vs.  (^)uintarcl,  136  N.  \'.  275  (1.S92). 

Protection  of  municipal  bond  holders— L.  1895,  Ch.  792. 
Municipal   securities —.\m.  and  Lni;.  l-.nc.  law.  2d  Edn., Vol.  21.  pp.  13-82. 
Limitation   of  citv  debt — State  Constitulion,  .\rt.  VII  L  §  10. 


84  Chartkr  Law  ok  the 


White  Charter 


Power  to  borrow  money  limited  by  law — Wells  vs.  Town  of  Salina, 
119  N.  V.  2S0;  distinguished,  Birge  vs.  Berlin  Iron  Bridge  Co..  133  N.  V.  477 
(1S92),  at  p.  486. 

Constitutional  debt  limit  discussed  generally — Kronsbein  vs.  City  of 
Rochester,  7<>  .X])]).  I'iv.  4(^4. 

Estimates  only  are  made  bj  board  of  estimate,  but  common 
council  appropriates — Kirk  vs.  McCJuire,  32  Misc.  596. 

Board  of  estimate  authorized  to  appropriate  money  for  support  of 
charitable  institutions — L.  1895,  Ch.  754;  as  amended   L.  1902,  Ch.  15V 

May  appropriate  $10,000  annually  for  the  purchase  of  works  of 

art — deneral  ("ity  Law.  §  120. 

Appropriation  for  the  examining  board  of  plumbers — C.eneral  City 
Law,  §  54. 

§  97.  Fiscal  year,  estimates  and  minutes  of  board  of  esti- 
mate— The  fiscal  year  of  every  city  shall  coiniiience  011  the  hrst  clay  of 
January  ;  and  on  or  before  the  first  clay  of  November  in  each  year  all 
heads  of  departments  and  officers  empowered  by  this  act.  or  by  city  ordi- 
nance, to  control  or  authorize  expenditures,  shall  furnish  to  the  mayor 
estimates  in  writing  of  the  amount  of  expenditures  for  the  next  fiscal 
year,  in  their  respective  departments  or  offices,  including  a  statement 
of  the  salaries  of  all  their  officers  and  other  employees,  which  esti- 
mates the  mayor  shall  lay  before  the  board  of  estimate  and  apportion- 
ment at  its  first  meeting  thereafter.  It  shall  be  the  duty  of  the  city 
clerk  to  keep  a  journal  of  all  the  proceedings  of  the  board  of  estimate 
and  apportionment  and  of  every  vote  by  ayes  and  noes  taken  at  any 
meeting  thereof.  The  minutes  of  each  meeting  shall  be  printed  in 
full  within  six  days  after  its  adjournment  and  immediately  distributed, 
one  to  each  member  of  the  board  and  of  the  common  council,  one 
to  the  head  of  each  department  and  one  to  every  taxpayer  entitled 
thereto  under  .section  four  hundred  and  eighty-two  of  this  act.  At 
the  end  of  the  year  the  printed  minutes  shall  be  indexed  and  bound 
in  adecjuate  number.      (Z.  1898,  C//.  182). 

The  political  and  legislative  year  begins  January  1st — State  Con- 
stitution, Art.  X,  §  6. 


City  of  Rochester  85 


Old  Charter 


Note — The   Old  Charter  contained   provisions  as   to  annual   reports   and 
estimates  as  follows: 

ij  46.   Fiscal  year,  reports  and  estimates 

— The  fiscal  year  shall  begin  on  the  first  day  of 
Januar)'  and  terminate  on  the  thirty-first  day  of 
December  of  each  year,. and  on  the  last  meet- 
ing of  the  common  council  of  each  year,  each 
officer  and  department  of  said  city  shall 
present  to  the  common  council  a  detailed 
statement  of  the  transactions  of  his  office  or 
department  during  the  preceding  year,  giving 
an  estimate  of  the  amount  necessary  to  meet 
the  expenses  of  such  office  or  department 
during  the  coming  year ;  and  such  other  mat- 
ters as  the  common  council  may  specifically 
request ;  and  on  said  last  common  council 
meeting  of  each  year  the  common  council 
shall  audit  and  settle  the  accounts  of  the  city 
treasurer,  and  the  accounts  of  all  other  officers 
and  persons  having  claims  against  the  city,  or 
accounts  with  it,  and  shall  make  out  a  state- 
ment in  detail  of  the  receipts  and  expenditures 
of  the  corporation  during  the  preceding  year, 
in  which  statement  shall  be  clearly  and  dis- 
tinctly specified  the  several  items  of  expendi- 
ture made  by  the  common  council,  the  objects 
and  purposes  for  which  the  same  were  made, 
and  the  amoimt  of  money  expended  under 
each,  the  amount  of  taxes  raised  for  the 
general  contingent  expenses,  the  amount  raised 
for  lighting  the  city  and  for  police,  the  amount 
of  highway  taxes  and  assessments,  the  amount 
of  assessments  for  paving,  repairing  and  open- 
ing streets  and  for  repairing  and  building 
bridges,  the  amoiml  borrowed  on  credit  of  the 
corporation  and  the  terms  on  which  the  same 
were  obtained,  and  such  other  information  as 
shall  be  necessary  for  a  full  understanding  of 
the  financial  alTairs  of  the  city,  which  state- 
ment shall  be  signed  by  the  mayor  and  cit)" 
clerk  and  filed  with  the  clerk  of  the  city,  and 
the  same  shall  be  published  by  the  clerk,  at 
the  expense  of  the  city,  in  a  newspaper  in 
which  the  proceedings  of  the  common  council 


86  Charier   Law  ok  the 

Old  Charter 


are  published.  The  common  council  shall,  at 
its  first  regular  meeting  in  each  year,  or  as 
soon  as  practicable,  select  one  daily  newspaper 
in  said  city  for  the  publication  of  the  proceed- 
ings, resolutions  and  ordinances  of  the  com- 
mon council,  and  of  the  executive  board  of 
said  city,  and  all  the  notices  and  advertise- 
ments and  proceedings  of  any  of  the  officers 
of  said  city,  and  of  all  the  committees  of  the 
common  council  during  the  current  fiscal  year, 
provided  such  publication  shall  be  under  and 
in  accordance  with  the  terms  of  a  written  con- 
tract with  the  city,  theretofore  made  and  exe- 
cuted by  the  proprietor  or  proprietors  of  such 
newspaper,  and  the  mayor  of  the  city  of  Roch- 
ester under  the  direction  and  approval  of  the 
common  council.  (As  amended  L.  1897, 
C/i.  784). 

§  98.  Salaries  of  city  officers — The  board  of  estimate  and 
apportionment  has  authority  to  fix  the  salaries  or  compensation  of  all 
city  officers  and  employees,  except  as  otherwise  provided  in  this  act, 
and  except  as  to  such  officers  and  employees  as  are  required  to  serve 
without  compensation.  But  the  salary  or  compensation  of  every 
officer  and  employee  shall  be  thus  fixed  before  his  election  or  ap- 
pointment, except  in  the  first  instance  after  this  act  takes  effect,  and 
shall  not  thereafter  be  changed  until  the  expiration  of  the  term  for 
which  he  was  elected  or  appointed.      (/,.  1898,  Ch.  182). 

The   power   of  the   board   of   estimate   and  apportionment  to  fix 
salaries  is  absolute,  and  common  council  has  no  authority  to  reduce — 

Pryor  vs.  City  of  Rochester,  166  N.  V.  548. 

When  the  salary  of  an  officer  is  fixed  it  can  be  recovered  if  with- 
held—Grant vs.  City  of  Rochester,  79  App.  Div.  460  (1903)  ;  affirmed,  175  N.  Y. 
473.  French  vs.  City  of  Rochester,  79  App.  Div.  645;  affirmed  on  authority  of 
Grant  case,  supra,  175  N.  V.  474. 

Assignment  of  salary  before  due  is  void — Bliss  vs.  Lawrence,  48  IIow. 
Pr.  21  ;   58  N.  V.  442. 

Note — §§  99-106,  inclusive,  are  omitted  from  the  White  Charter  as  first 
enacted. 


CiTV  OF   Rochester  87 


White  Charter 


§  99.  Laws  in  force  prior  to  1900  I'ntil  the  provisions  of 
this  act  relating  to  the  board  of  estimate  and  apportionment,  the 
adoption  of  the  tax  budget  and  the  levying  of  the  sums  therein 
named  can  become  operative,  the  affairs  of  the  city  on  the  subject  of 
finances  and  tax  budgets  shall  be  governed  by  the  laws  relating  to 
the  same  which  were  in  force  in  the  city  at  the  time  of  the  passage  of 
this  act,  except  as  is  otherwise  provided  in  this  section.  The  fiscal 
year  of  any  city  affected  by  this  act,  of  which  the  year  eighteen 
hundred  and  ninety-nine  is  a  part,  shall  be  reduced  to  and  shall 
terminate  with  the  period  which  will  expire  with  the  close  of  the 
thirty-first  day  of  December,  eighteen  hundred  and  ninety-nine.  The 
officers,  boards  and  departments  which  are  charged  by  existing  laws 
with  the  duty  of  making  up,  adopting  or  confirming  an  estimate, 
apportionment  or  tax  budget  of  the  several  sums  necessary  to  be 
raised  by  tax  in  the  city  for  the  support  of  the  city  government  and 
otherwise  by  law  and  the  payments  of  its  debts  and  expenses  during 
the  year  eighteen  hundred  and  ninety-nine,  and  who  are  directed  to 
levy  the  same  upon  the  real  and  personal  property  liable  to  taxation 
in  the  city  and  to  cause  the  same  to  be  raised  1)\'  tax.  shall,  during 
the  year  eighteen  hundred  and  ninety-nine,  make  up  and  ado]")!  such 
estimate,  apportionment  and  budget  and  cause  the  sums  therein 
named  to  be  levied  in  the  same  manner  as  is  prescribed  in  existing 
laws ;  but  such  estimate,  apportionment,  budget  and  levy  shall  be 
made,  adopted,  confirmed  and  directed  only  for  the  period  interven- 
ing between  the  commencement  of  the  fiscal  year  of  tiie  citv  in  the 
year  eighteen  hundred  and  ninety-nine  and  the  first  dav  of  January, 
nineteen  hundred  ;  and  the  making  and  adopting  of  such  estimate, 
apportionment  and  l)udget.  and  tlie  levying  of  the  same  as  herein 
prescribed,  shall  be  \ali(l  and  etVectual.  W'luMe.  in  anv  citw  under 
the  laws  existing  at  the  time  of  tiie  passage  of  this  act.  tiie  fiscal  year 
of  the  city  begins  on  a  day  other  than  the  first  day  of  January,  and 
there  is  a  board  of  estimate  and  apportionment  in  the  city,  said  board 


88  C'nAKiKk    Law   ok    thk 

Wliiti-   ('luirter 

.shall,  (luring  the  month  of  I  )eccinher,  cigluccn  luinclred  and  ninct)- 
ninc.  makf  up  a  preliminary  estimate  and  apportionment  of  the  sums 
which  they  deem  necessary  to  be  raised  by  tax  to  pay  the  debts  and 
expenses  of  the  city  during  the  year  nineteen  hundred,  and  shall  sub- 
mit the  same  to  the  common  council,  and  the  city  shall  have  power 
to  deal  with  the  same  and  to  borrow  money  thereon  on  the  faith  and 
credit  of  the  city  in  the  manner  prescribed  b\-  such  laws:  but  there- 
after and  during  the  year  nineteen  hundred,  the  board  of  estimate  and 
apportionment  provided  for  by  this  act  shall  make,  and  the  common 
council  shall  adopt  the  final  estimate  for  such  city  for  that  year  as 
provided  in  section  ninety-six.  Where  in  any  such  city  a  board  of 
estimate  and  apportionment  does  not  exist  under  the  laws  which  were 
in  force  in  such  city  at  the  time  of  the  passage  of  this  act,  the  board 
of  estimate  and  apportionment  provided  for  t^y  this  act  shall  after  the 
hrst  day  of  January,  make  up  the  estimate  which  is  authorized  and 
provided  for  by  said  section  ninety -six.     {At/i/ci/  hy  /..  1899,  C/i.  581). 

Note — §§  99-106,  iiuliisive.  omitted  in  White  Cliarter  as  first  enacted. 


Old  C:iiartti 

iJ  So.  Claims  and  actions  for  damages 
against  the  city — Ihe  conunon  council  shall 
examine,  settle  and  audit  all  accounts,  demands 
and  claims  against  the  city,  as  well  of  its  officers 
as  of  other  per.sons,  except  as  otherwise  ex- 
pressed by  this  charter,  or  other  law.  and  shall 
have  authority  to  direct  the  raising  of  such  sums 
as  shall  be  necessary  to  defray  the  same,  and  the 
contingent  expenses  of  the  city,  subject  to  the 
limitations  and  restrictions  hereinafter  con- 
tained ;  they  shall  have  the  power  to  borrow 
money,  as  in  the  next  section  provided,  and 
also  to  borrow  against  any  tax  or  assessment 
levied  but  not  collected,  to  an  amount  not 
exceeding  the  amount  thereon  uncollected,  and 
to  issue  therefor  the  obligation  of  the  city,  pay- 


Cl  r\     OK     R0CHF_STKR  89 

Old  Charter 


able  in  not  more  than  eight  months  with  inter- 
est at  the  rate  of  not  over  six  per  centum  per 
aniuim.  No  unUquiclated  claim  or  demand 
shall  be  received  for  audit,  unless  made  out  in 
detail,  specifying,  if  for  labor  or  services,  tiie 
time  when,  the  place  where,  by  whom  and 
under  whose  direction,  and  by  what  authority 
performed  ;  if  for  merchandise,  material  and 
other  articles  furnished,  the  item  or  items 
thereof,  by  whom  ordered  and  when  and  to 
whom  delivered,  and  shall  be  certified  correct 
by  the  head  of  the  department  for  which  the 
work  was  done  or  materials  furnished  ;  and  if 
for  damages  for  wrong  or  injury,  or  negli- 
gence, when,  where  and  how  occasioned  ;  nor 
unless  accompanied  by  an  affidavit  that  the 
claim,  and  the  items  and  specifications  thereof 
are  in  all  respects  just  and  correct  ;  that  no 
payments  thereon  have  been  made,  and  that 
no  setoffs  exist  against  the  same,  or  any  part 
thereof,  except  those  stated.  No  action  or  pro- 
ceeding to  recover  or  enforce  any  claim,  debt 
or  demand  against  the  city  shall  be  brought 
until  the  expiration  of  forty  days  after  the  claim, 
debt  or  demand  shall  have  been  presented  to 
the  common  council  for  audit  in  the  manner 
and  form  aforesaid.  All  actions  brought 
against  the  city  to  recover  damages  or  other 
relief  for  injuries  to  the  person  or  property, 
caused  by  negligence  shall  be  commciued 
within  one  year  from  the  time  of  receiving  the 
injuries.  No  action  or  proceeding  shall  be 
maintained  against  the  city  for  personal  inju- 
ries unless  a  notice  of  the  intention  to  com- 
mence such  action  and  of  the  time  and  place 
at  which  the  injuries  were  received,  shall  have 
been  tiled  with  the  counsel  to  the  corporation 
or  other  proper  law  officer  thereof,  within  six 
months  after  the  time  of  receiving  the  injuries. 
(^As  aniniiidt  I..  iScj^.    (7/.     7Sp. 

As  to  ordinary  claims  against  city — .Sco 
White  Ch.irtt  T,  5}  (>;.  this  Ix.ok.  .;///,. 

As  to  claims  for  damages  for  injuries  to 
person  or  property — .See  White  Charter.  §  4(>i.  this 
linok,  /.mA  aiul  >  .i-L>  there  cited. 


90  Charter  Law  ok  the 


Old  Charter 


§    8i.       Power    to    borrow    money  — 

For  the  purpose  of  paying  such  expenses, 
the  common  council  shall  raise  annually 
such  sums  as  shall  be  estimated  and  re- 
ported by  the  finance  committee  as  necessary, 
in  the  manner  hereinafter  provided.  The  said 
finance  committee  may,  at  any  time,  require 
from  the  chairman  of  each  of  the  committees 
of  the  common  council,  and  it  shall  be  his 
duty  to  furnish  to  the  finance  committee,  and 
in  such  form  as  they  shall  require,  full  and 
particular  estimates  of  the  amount  needed  by 
the  various  funds  and  departments  in  their 
charge,  and  especially  for  lighting  the  city,  for 
the  support  of  the  police  department,  for  the 
general  contingent  expenses  of  the  city,  for  the 
support  and  relief  of  the  poor,  for  the  mainte- 
nance and  improvement  of  public  parks  and 
squares,  the  expense  of  the  board  of  health,  and 
for  all  other  necessary  expenses  of  said  city 
during  the  next  fiscal  year.  The  finance  com- 
mittee shall  prepare,  and  on  or  before  the  first 
regular  meeting  of  the  common  council  in 
March  of  each  year,  they  shall  present  to  said 
common  council  a  statement,  in  detail,  of  the 
several  sums  which  will  be  needed  for  said 
funds  and  to  meet  the  expenses  of  the  year  for 
all  proper  municipal  purposes,  and  showing 
what  sums  will  be,  in  their  opinion,  necessary 
to  be  raised  for  other  specific  purposes.  The 
common  council  may  alter  or  amend  such 
statement  in  their  discretion,  but  not  so  that 
the  aggregate  amount  to  be  raised  shall  exceed 
that  so  reported  to  them  by  the  finance  com- 
mittee, unless  such  increase  be  made  by  a  vote 
of  two-thirds  of  all  the  members  elected,  sub- 
ject to  the  approval  of  the  mayor.  They  shall 
cause  such  estimates,  as  approved  by  them,  to 
be  published  for  six  successive  days  in  one  or 
more  newspapers  of  said  city  before  finally 
determining  the  amount  of  the  general  tax, 
which  must  be  determined  by  the  first  regular 
meeting  in  April  in  each  year.  A  vote  of  a 
majority  of  all  the  members  of  the  common 


CiTv  OF   Rochester  91 


Old  Charter 


Power  to  borrow  money — Continued 

council  shall  be  necessary  to  fix  such  amount, 
and  the  statement  as  finally  adopted,  shall  be 
entered  at  large  in  the  minutes.  Said  com- 
mon council  shall  also  raise  annually  by  tax, 
with  the  general  taxes  of  said  city,  an  amount 
sufficient  to  pay  interest  upon  all  the  bonds 
issued  by  said  city,  and  all  the  principal,  or 
installments  of  principal  of  said  bonds  falling 
due  within  the  then  current  fiscal  year,  for  the 
payment  of  which  provision  is  not  otherwise 
made.  No  member  of  the  Common  Council 
shall  vote  for  the  payment  of  any  money  out  of 
any  of  the  general  funds  herein  named,  or  out 
of  any  other  fund  in  the  city  treasury,  knowing 
that  such  fund  is  without  money  to  pay  the 
same  ;  and  any  person  violating  this  provision 
shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars 
or  be  imprisoned  in  the  Monroe  county  peni- 
tentiary for  the  period  of  ten  days  ;  and  the 
district  attorney  of  the  county  of  Monroe  is 
hereby  specially  directed,  and  it  shall  be  his 
duty,  to  prosecute  all  persons  violating  this 
provision,  upon  the  complaint  of  any  taxpayer 
of  said  city.  In  case  the  sums  above  specified, 
or  any  of  them,  shall  prove  insufficient  for 
the  purposes  for  which  the  same  were  raised, 
then  the  common  council  shall  have  power, 
by  a  vote  of  three-fourths  of  all  the  members 
elected,  subject  to  the  approval  of  the  mayor,  to 
provide  for  borrowing,  upon  the  credit  of  the 
city,  so  much  money  as  may  be  deemed  neces- 
sary to  supply  such  deficiency,  and  the  amount 
borrowed  shall  be  assessed  and  collected  as 
part  of  the  city  taxes  of  the  ensuing  vear,  in 
addition  to  the  other  sums  provided  for.  In 
case  the  common  council  shall  order  the 
whole,  or  any  part  of,  the  expense  of  any  im- 
provement or  public  work,  or  the  amount  of 
any  proper  municipal  expenditure  or  liabilitv. 
to  be  paid  out  of  the  public  treasury  of  the  city, 
and  not  by  local  assessment  or  otherwise,   and 


'J2  CiiAKTKR  Law    oi     ihk 

Old  Charier 


Power  to  borrow  money — Concluded 

the  amount  in  the  treasury,  or  already  levied 
by  general  tax  shall  not  be  sutticient  for  the 
purpose,  the  common  council  may  borrow, 
upon  the  credit  of  the  city,  the  necessary 
amount,  and  the  same  shall  be  raised  in,  and 
paid  out  of,  the  next  general  tax  levy  ;  except 
that  in  order  to  pay  the  same,  or  any  part 
thereof,  the  common  council  may,  at  its  elec- 
tion cause  to  be  issued  the  bonds  of  the  city 
maturing  in  not  more  than  twenty  years  from 
their  date,  and  bearing  such  rate  of  interest  as 
may  be  found  necessary  to  effect  a  sale  thereof, 
at  not  less  than  the  *part,  or  said  common 
council  may  direct  the  note  or  other  obli- 
gation of  the  city  to  be  issued  under  this 
section,  which,  however,  shall  be  payable 
in  not  more  than  eight  months  from  its  date, 
but  nothing  hereinbefore  contained  shall, 
in  any  wise,  atifect  the  right  of  the  city  to  issue 
its  bonds  under  any  of  the  other  sections  of 
its  charter  or  any  other  statute,  (^j"  amended 
L.  1896,  C/i.  777). 


NoTK — Provisions  of  the  Old  Charter  relating 

to  the  renewal  of  outstanding  bonds,  the  exchange  of 
water  works  bonds,  the  general  sinking  fund,  and 
certain  duties  of  the  treasurer,  are  jjrinted  in  this  book 
at  pp.  210  to  214,  inclusive,  being  left  in  the  same 
position  they  occupy  in  Title  V,  Old  Charter. 


*So  in  session  laws.     Should  read  '•  at   not   less 
than  the  par  value  of  any  such  bond." 


CiTv  OF   Rochester  93 

While  Charter 


ARTICLE  V 

DKPARTMENT  OF  PUBLIC  WORKS 

§.  107.  Commissioner  of  public  works  and  deputy — There 
shall  be  a  commissioner  of  public  works,  who  shall  be  the  head  of  the 
department  of  public  works.  His  term  of  office  shall  be  two  years, 
unless  sooner  removed  by  the  mayor,  and  he  shall  be 
appointed  by  the  mayor,  within  ten  days  after  the  bej^in- 
ning  of  each  mayorality  term.  The  commissioner  shall  appoint,  to 
hold  office  during  his  pleasure,  a  deputy  and  such  other  subordinates 
as  may  be  prescribed  by  the  board  of  estimate  and  apportionment. 
During  the  temporary  absence  or  inability  of  the  commissioner,  or  his 
suspension  or  removal  from  office,  his  deputy  siiall  discharge  the 
duties  of  the  office.  In  case  of  a  vacancy  in  the  office  of  commis- 
sioner, such  vacancy  siiall  be  filled  by  the  mayor, within  ten  days 
after  its  occurrence,  and  in  the  meantime  and  until  such  apjx)intment 
shall  take  effect,  the  deputy  shall  act  as  commissioner.  (/.  1S9S, 
Ch.  182). 

Oath  of  office— Public  Officers  Law.  §  10.  Powers  of  deputies.  /</.,  §  9. 
Failure  to  take  oaiii,  I'enal  Code.  §§  42-43.  PIffect  on  official  acts  of  failure  to 
take  oath.  Public  Officers  Law,  §  15. 

§  loS.  Bonds  of  commissioner  and  deputy — The  commis- 
sioner and  deputy  commissioner  shall  each  give  a  bond  to  the  city 
with  sureties,  for  the  faithful  discharge  of  the  duties  of  their  respec- 
tive offices,  in  a  penalty  to  be  prescribed  by  the  common  council, 
which  bond,  as  to  its  form,  and  the  sureties  thereto,  shall  be  approved 
by  the  mayor,     if..  iSqS.  Ch.  182). 

Official  bonds  generally— Pul)lic  Officers  l>aw,  §§  11-13.  Acting  with- 
out filing  bonds — Penal  Code,  §§  42,  43,  and  F'ublic  Officers  I^w,  §  15. 


94  CiiAkiKK    Law  ok    imk 

WhiiL-  Charter 

§  109.  Duties  of  commissioner  of  public  works  as  to 
streets  The  coniinissioner,  subject  to  the  previsions  of  this  act, 
the  other  laws  of  the  state  and  the  ordinances  of  the  common  council, 
has  cognizance,  direction  and  control  of  the  construction,  alteration, 
repair,  care,  cleaning,  paving,  flagging,  lighting  and  improving  streets, 
ways  and  sidewalks  ;  of  the  construction,  alteration  and  repair  of  all 
city  buildings,  and  of  all  docks  and  bridges  belonging  to  the  city  ;  of 
all  public  sewers  and  drains  in  the  city  ;  of  the  construction,  mainte- 
nance, extension  and  repair  of  the  city  water  works  ;  and  has  the 
care,  superintendence  and  management  of  all  grounds  belonging  to 
the  city.  Hut  in  the  exercise  of  his  powers  and  the  discharge  of  his 
duties,  he  shall  make  no  expenditure,  nor  shall  he  create  any  debt 
against  the  city,  unless  he  be  authorized  so  to  do  by  the  general  or 
special  ordinances  of  the  common  council ;  except  that  he  shall  have 
power  to  rei:viii'  any  sidewalk  or  bring  the  same  to  the  true  grade, 
where  the  owner  of  the  abutting  property  shall  neglect  to  repair  or 
grade  the  same  for  five  days  after  written  notice  so  to  do  has  been 
served  on  him  either  personally  or  by  delivering  the  same  at  his 
residence  or.  if  he  be  a  non-resident,  by  mailing  the  same  to  him  at 
his  last  known  place  of  residence,  or  if  the  name  of  the  owner  or  his 
place  of  residence  cannot  be  ascertained  after  due  diligence,  by  post- 
ing the  same  in  a  conspicuous  place  upon  the  premises ;  and  except 
that  he  shall  have  the  power  to  clean  snow  or  ice  from  any  sidewalk 
where  the  same  has  remained  thereon  for  more  than  twelve  hours. 
A  bill  for  the  expense  incurred  in  making  such  repairs  or  grading 
or  cleaning  shall  be  presented  to  the  owner  personally  or  by  leaving 
the  same  at  his  residence,  or  if  he  be  a  non-resident,  by  mailing  the 
same  to  him  at  his  last  known  place  of  residence,  or  if  the  name  of  the 
owner  or  his  place  of  residence  cannot  be  ascertained  after  due  dili- 
gence, by  posting  the  same  in  a  conspicuous  place  on  the  premises  ;  and 
if  he  shall  fail  to  pay  the  same  within  ten  days  thereafter,  the  com- 
missioner shall  file  each  year  immediately  preceding  the  time  for  the 


(JTY    OF     K()(  MKSTER  95 

White  Charter 


making  of  the  annual  assessment  roll,  his  affidavit  of  the  actual 
cost  of  the  work,  together  with  a  statement  as  to  the  propert)-  in 
front  of  which  the  repairing  or  grading  or  cleaning  was  done,  with 
the  assessors  of  the  city,  who  sliall,  in  the  preparation  of  the  next 
assessment  rolls  for  the  general  city  taxes  assess  such  amount  upon 
such  property,  and  allegations  thereon  shall  be  heard,  and  such 
assessments  shall  be  collected  at  the  same  time  and  in  the  same  man- 
ner as  other  city  taxes,  and  as  a  part  thereof,  and  the  assessors  shall 
have  the  power  to  amend  and  correct  such  assessments  as  they 
shall  deem  proper,  at  the  same  time  and  in  the  same  manner  as  other 
city  taxes.      ( .!■<  nnirni/n/  /..   1903.  C/i.  47). 

A  municipality  may  not  empty  Its  sewers  upon  private  propert \ 
without  acquiriiin  the  right  so  to  do — Chapman  vs.  City  of  Rochester,  no  N.  \  . 
273;  N.  V.  C.  &  II.  K.  K.  Co.  vs.  City  of  Koihester.  i:;;  N.  V.  5(^1  ;  Huffnuyer 
vs.  City  of  Mrodklyii,  i(c  N.  \'.  5S4. 

A  municipality  is  not  liable  for  consequential  damajces  when  author- 
ized l)y  tlie  li|;i>l.iiuiL-  til  make  .1  ])ul)lii  ini|)ii>\  1  nn  lit  \mlo>  mh  li  il.ini.iges  be  caused 
by  negligence,  misconduct  or  want  of  skill  on  the  part  of  its  servants  or  agents — 
Atwater  vs.  Village  of  C'anandaigua,  124  N.V.  602;  Hughes  vs.  City  of  .\ubum,i6i 
N.  V.  96;  Uppington  vs.  City  of  New  York,  165  N.  Y.  222;  Fries  vs.  N.  Y.  C. 
&  II.  k.  R.  Co..  ifM,  N.  V.  -70:    Holland  House  Co.  vs.  Haird.  i^u)  N.  V.  136. 

A  municipal  corporation  does  not  insure  against  damages  from 
works  of  its  construction.  Its  obligation  and  duty  in  respect  to  sewers  is 
measured  by  the  exercise  of  reasonable  rare  and  vigilance.  Liability  can  only  be 
predicated  upt)n  its  neglect  or  misconduct — Smith  vs.  Mayor,  (6  N.  Y.  295  ; 
Jenny  vs.  City  of  Hrooklvn,  \ 20  N.  V.  \(>.\;  I'aini-  vs.  Village  ..f  Hdhi.  116 
N.  V.  224. 

§  iio.  Duties  of  commi.ssicnier  of  public  works  a.<  to  tbe 
water  works — It  is  also  the  duty  of  the  commissioner  to  apjxiint.  to 
hold  otlice  during  his  pleasure,  within  thirty  days  after  his  ap|>ointment, 
in  the  first  instance,  after  this  act  shall  take  effect,  and  thereafter 
when  a  vacancy  shall  occur,  a  superintendent  of  water  works,  and  to 
.see  that  the  c'wy  has  an  alnmdant  supply  of  wholesome  water  for  public 
and  private  use  :  to  devise  the  plans  and  sources  of  water  supply  :  to 
plan  and  supervise  the  distribution   of  water  through  the  city:    to  pro- 


fMi  CiiAKiKK   Law  ok    iiik 

White  Charter 

Water  Works — Continued 
tect  it  against  contamination  ;  to  prescribe  rules  and  regulations  for 
its  use,  which,  when  ratified  and  approved  by  the  common  council, 
shall  have  the  same  force  and  effect  as  an  ordinance  by  the  common 
council  enacted.  He  shall  ha\e  power,  with  the  assent  of  the  board 
of  estimate  and  apportionment,  to  establish  rates  of  rents  to  be 
charged  and  paid  annually  for  the  supply  of  water,  or  for  the  benefits 
resulting  therefrom,  to  be  called  "  water  rents,  "  apportioned  to  the 
different  classes  of  buildings  in  said  city  in  reference  to  their  dimen- 
sions and  the  ordinary  uses  of  water  for  the  same,  and  to  vacant  lots, 
as  may  be  practicable,  and,  from  time  to  time,  to  modify  and  amend, 
increase  or  diminish  such  rates  and  to  extend  them  to  other  descrip- 
tions of  buildings,  lots,  establishments  and  uses.  Ik*  shall  also  have 
power,  with  like  assent,  to  establish  rates  for  the  use  of  water  in  build- 
ings, establishments,  trades  and  other  purposes  which  consume 
water  beyond  the  quantity  required  for  ordinary  purposes,  and  may 
require  the  payment  to  him,  in  advance,  of  the  rates  thus  established, 
before  permission  to  use  such  extra  cjuantity  of  water  shall  be  given. 
The  regular  water  rents  shall  be  collected  from  the  owners  of  all  lots 
and  buildings  which  shall  be  situated  upon  any  street  or  avenue  in 
which  the  distributing  pipes  are  now  or  may  hereafter  be  laid  and 
from  which  such  lots  and  buildings  can  be  supplied  with  water;  and 
such  regular  rents,  as  well  as  the  amoinils  due  and  unpaid  for  the 
introduction  and  measurement  of  the  supply  of  water  to  such  lots  and 
buildings,  shall  be,  like  other  taxes  of  the  city,  a  lien  and  charge  upon 
such  lots  and  buildings  as  herein  provided.  All  special  rates  for  the 
use  of  water  shall  be  paid  to  the  said  commissioner,  who  shall  daily 
report  and  pay  the  amount  thereof  to  the  city  treasurer.  It  shall  be 
the  duty  of  the  said  commissioner  at  and  within  such  time  in  each 
year  as  the  common  council  shall  by  ordinance  determine,  to  make 
out  a  list  or  roll  for  each  ward  or  assessment  district  of  the  city,  sim- 
ilar to  the  rolls  made  out  by  the  department  of  assessment  and  taxa- 


C'lTV    OK     RoCUKSTKK  M7 

White  Cliarter 

tiun,  and,  in  which,  among  other  things,  he  shall  set  out  ihc  amount 
of  regular  water  rent  as.sessed  upon  each  lot.  part  of  lot  or  building, 
and  all  amounts  remaining  due  and  unpaid  for  the  introduction  and 
measurement  of  the  supply  of  water  at  the  time  designated  in  said 
ordinance  for  the  completion  of  such  list  or  roll.  He  shall  then  cause 
notice  to  be  published  in  the  official  newspapers,  for  at  least  three 
days,  of  a  time  and  place  at  which  hearing  shall  be  given  t(»  those 
who  desire  to  examine  the  said  rolls  and  to  |)resent  their  grievances; 
and  after  such  hearing,  which  shall  be  on  at  least  two  different  days, 
he  shall  correct  said  rolls,  if  need  be,  and  shall  certify  the  same  to  the 
common  council.  The  common  council  shall  thereupon  direct  by 
ordinance  the  le\  ving  of  such  water  rents  upon  the  ])roperty  described 
in  .said  rolls  and  the  amounts  appearing  thereon  shall  be  levied,  col- 
lected and  enforced  at  the  same  time  and  in  the  same  manner  as  is 
provided  for  the  collection  of  other  taxes  in  the  city  ;  but  the  com- 
mon council  may  direct  that  such  water  rents  shall  be  extended  in  a 
separate  colunui  u|ion  the  assessment  rolls  of  the  city.  {Ainnuiril  /.. 
liigc),  67/.  581). 

Pipe  lines  In  streets  -  rraii-|i. .n.iti.m  <  ',,i|), .i.,t i,.h-  1  .iw.fiij  n-  1  ^.  ■»" •mii  (S. 
Hnforcement  of  rules  controlling;  source  of  potable  water  supply— 

I'lilil;!    II. -..hi,    \..i\\.  §  71. 

Contracts  for  purifying  apparatus — I..  1S04.  Ch.  6()7. 

KiKhts  of  private  water  company  to  lay  pipes  In  city  streets — Ko.  ii- 

eslii  and  I  ..iki-  <  Mit.irii  >  W  .ii'i  1  ■  iiti]Miu  \--.  (itvuf  Ki><  liolci .  S  (  .■Vpp.  I  )i\  .  7  1  : 
aflirnifil,   17(1  N.  \  .    ;(>. 

Water  works  property  of  municipal  corporation  held  not  taxable 

rei)|)lr  \  ■^.  Iti.iokK  II.  Ml  N.  \.  -yi^^:  (  iivi't  Koluvtii  \v  Kiis|,.SoN.  N.  ;oj  : 
water  works  property  outside  of  city  boundaries  held  taxable— I'«opl<- 
fx  nl.  .\ni>liicl.iiii  '.  s  III--,  1-7  N  \  j  j  ;  IVnpli-  i\  lol.  Km.  Ix -It-r  vs.  «■<>«■. 
157  N.  ^■.  (>7S;  and  not  exempt  under  provisions  of  Tax  Law  ex- 
empting special  franchises  I'.opl.  <\  r.  I.  (ii)  nf  Knhist.i  w.  \),  Wnt. 
51;  Ajip.  I)i\.   (1)^;   .itiiinied.  i'>7  N.  ^'.  575. 

Riparian  owners  along  small,  fresh  waitr  or  navigabU- lakes  or  siieanis. 
are  entitled  to  the  enjoyment  of  the  undiminished  and  nndisturlK'd  flow  of  water, 
and  a  municipality  has  no  right,  even  though  authorized  by  the  legislature,  to 
dintinish  the  flow  of  such  water  without  making  compensation — Smith  vs.  City  of 
Rochester.  92  N.  V.  463;   Neal  vs.  City  of  Rochester.  1 5<»  N.  V.  21  v 

Recission  of  contract  for  water  works  on  account  of  mistake— 
Moll.ti.  IhKiukiii-  .iiul  Cl.irk'  Co.  vs.  City  of  K<-.t  h. -tcr.  Sj  K-d.  ]<>•]>.  zy^: 
reversed.  Vi  '     ''•  A.  j;n);  C.  C.  attirnied.  17S  I",  .s.  K.p.  ^73. 


9S  { "ii  \k  ri:i<    Law   (»i     i  hi 

WhitL-   Chartei 

i  III.  Commissioner  of  public  works  to  appoint  super- 
intendent of  parks;  powers  and  duties  It  is  also  the  duty  of 
the  commissioner  to  appoint,  to  hold  ofticc  durin<;  his  pleasure,  within 
thirty  (lavs  after  his  appointment,  in  the  Inst  instance,  after  this  act 
shall  take  effect,  and  thereafter  when  a  vacancy  shall  occur,  a  super- 
intendent of  parks,  who  shall  have,  under  the  direction  of  the  com- 
missioner, the  care,  management,  custody  and  control  of  all  the  parks 
of  the  cit\'.  and  of  the  streets  passing  through  or  intersecting  the 
same,  and  all  the  shade  trees  of  the  city.  .Subject  to  the  direction  of 
the  commissioner  and  to  the  ordinances  of  the  common  council,  he 
shall  prescribe  the  powers  and  duties  of  the  subordinates.  Subject 
to  the  ordinances  of  tiie  common  council  and  the  direction  of  the 
commissioner,  he  shall  ha\e  the  expenditures  of  all  the  money  appor- 
tioned to  this  branch  of  the  department  by  the  action  of  the  board  of 
estimate  and  apportionment  and  of  the  common  council  as  in  this 
act  provided.  He  shall  keep  an  account  of  such  expenditures  and 
prepare  bills  against  the  city  in  items  for  the  same,  in  such  form,  with 
such  verification  and  vouchers  as  ma\"  be  prescribed  b\  the  comp- 
troller, and  such  bills  shall  be  submitted  to  the  comptroller,  and.  when 
finally  audited,  as  in  this  act  provided  for  other  city  claims,  shall  be 
paid  bv  the  city  treasurer  as  provided  in  the  ca.se  of  other  claims 
against  the  city.  The  superintendent,  under  the  direction  of  the 
commissioner,  may  employ  all  the  laborers  needed  upon  the  parks 
and  streets  above  mentioned,  and  shall  fix  their  wages,  subject/o  the 
approval  of  the  connnissioner  and  the  board  of  estimate  and  appor- 
tionment, and  he  may.  in  his  discretion,  make  all  the  ordinary  repairs 
and  improvements  upon  the  parks  and  such  streets,  subject  also  to  the 
direction  of  the  commissioner  and  to  the  approval  of  the  board  of 
estimate  and  apportionment.  He  shall  conduct,  with  the  aid  of  the 
corporation  counsel,  all  negotiations  and  proceedings  for  the  acquisi- 
tion of  lands  for  any  park,  or  for  any  addition  to  any  park,  when  the 
acquisition  of  such  land  shall  have  been   authorized  by  an   ordinance 


City  of  Rochester  1M> 


White  Charter 


passed  by  the  afTirinative  vote  of  at  least  three-fourths  of  the  members 
elected  to  the  common  council ;  and  when  such  lands  shall  have 
been  acc|iiircd  he  shall  rcj^ulate  and  improve  the  same  for  park  j)iir- 
poses.  He  shall  also  make  such  rules,  re^^iilations  and  ordinances, 
not  inconsistent  with  the  ordinances  of  the  common  council  and  the 
laws  of  the  state,  as  he  may  deem  proper  for  the  government,  man- 
agement and  care  of  any  park,  and  of  the  streets  in  and  through  the 
same,  and  of  such  other  streets,  being  approaches  to  the  park,  as  may 
be  designated  by  ordinances  of  the  common  coimcil  as  parkways, 
and  such  rules,  regulations  and  ordinances,  when  approved  by  the 
common  council,  shall  have  the  force  and  efTect  of  city  ordinances. 
He  shall  also  have  stich  other  powers  and  be  charged  with  such  other 
duties  not  inconsistent  with  the  |)ro\isions  of  this  act"^and  the  other 
laws  of  the  state,  as  the  commissioner  may  direct  or  as  the  common 
council  may,  by  ordinance,  define  and  prescribe.     (/.  1898,  Ch.  182). 

NoTF. — The  Rochester  park  system  is  under  the  control  of  the  Ixiard  of 
park  commissioners,  created  by  L.  iSSS.  Ch.  193.  The  authority  of  this  board 
is  continuid  l)y  tlie  White  Charier.  §  483.  as  amended.  L.  1903,  Ch.  31.  All  the 
laws  relatinf^  to  Rochester  parks  are  printed  in  full  in  this  book.</«/f.     See  Index. 

Note — §§  1 12-1 11),  inclusive,  are  omitted  from  the  White  Charter  as  first 
enacted. 

§  120.  Board  of  contraLt  and  .supply  and  |>ubiic  con- 
tracts—  There  shall  be  a  board  of  contract  and  supply,  compo.sed  of 
the  mayor,  comptroller,  commissioner  of  public  works,  corporation 
counsel  and  city  engineer,  which  shall  be  a  bureau  in  the  depart- 
ment of  public  works.  It  shall  be  the  duty  of  such  board  after 
public  notice,  and  in  accordance  with  regulations  to  be  prescribed  by 
general  ordinances  of  the  ((ininion  coiuuil.  to  let  to  the  lowest  bidder, 
who  will  give  adecpiate  .security  for  the  performance  of  his  contract, 
all  contracts  for  the  performance  of  any  work,  or  for  the  supply  of 
any  materials  for  the  department  of  public  works,  department  of 
public  safety,  department  of  public  instruction,  department  of  chari- 
ties and  correction  of  the  city  in  all  cases  where  the  work  and  ma- 
terials will  cost  to  exceed  fifty  dollars,  unless  by  an  ordinance  passed 


100  Charter  Law  of  the 


White  Charter 


by  a  unanimous  vote  of  the  common  council  and  l^y  the  unanimous 
approval  of  the  board  of  estimate  and  apportionment,  it  is  determined 
to  be  impracticable  to  procure  the  work  or  materials  by  contract ; 
or  unless  in  case  of  accident  or  other  injury  by  which  the  heating  or 
plumbing  system  of  any  of  the  public  buildings,  or  by  which  any  of 
the  fire  engines  or  hook  and  ladder  trucks,  or  any  of  the  pumps, 
engines  or  boilers  used  in  connection  with  the  city  water  works  shall 
become  disabled,  in  which  emergency  the  commissioner  of  the  appro- 
priate department  shall  cause  such  repairs  thereto  to  be  made  upon 
filing  with  the  board  of  contract  and  supply  a  certificate  approved  by 
the  mayor  showing  such  emergency  and  the  necessity  for  such  repairs  ; 
provided,  however,  that  in  case  any  contract  shall  involve  the  erection 
or  use  of  wires,  poles  or  other  structures,  or  the  laying  of  pipes  and 
mains,  in  the  streets,  squares  and  public  places  of  the  city,  or  involves 
the  use  of  the  poles,  structures,  mains  or  pipes  of  other  companies  or 
individuals,  then  and  in  that  event  no  such  contract  shall  be  awarded 
to  such  lowest  bidder,  unless  such  l:)idder  shall  have  obtained  a  fran- 
chise, as  provided  in  section  nineteen,  or  unless  such  bidder  had 
erected,  laid  and  was  maintaining  and  using  poles,  wires,  structures, 
pipes,  and  mains  in  the  public  streets,  squares  and  places  at  the  time 
of  the  taking  effect  of  the  act  hereby  amended.  The  board  sh;ili 
have  power  to  reject  all  bids,  if,  in  its  opinion,  the  lowest  bid 
is  excessive.  The  public  notice  above  mentioned  must  describe 
the  work  and  materials  for  which  contracts  will  be  let  at  the 
next  meeting  of  the  board,  and  the  day  and  hour  and  place  of 
such  meeting.  Specifications  for  ever)'  public  improvement  must 
be  prepared  and  set  forth  with  such  details  as  will  adequately 
inform  all  persons  proposing  to  bid,  of  the  nature  of  the  work  to  be 
done  and  of  the  materials  to  be  supplied,  and  the  same  shall  be 
printed  and  copies  thereof  shall  be  deli\ered  to  applicants  therefor. 
But  nothing  herein,  excepting  the  letting  of  contracts,  shall  interfere 
with  the  duty  and  authority  of  the  commissioner  of  public  works  and 


City  ok  Rochester 


White  Charter 


of  the  department  of  parks.  All  materials  and  supplies  required  in 
any  office,  court,  board  or  department,  shall  be  called  for  in  writing, 
and  shall  be  contracted  for  by  the  board  of  contract  and  supply  in  the 
manner  above  provided  ;  but  where  any  work  or  repairs  needed  to  be 
done  or  materials  or  supplies  to  be  furnished  shall  not  exceed  fifty 
dollars  in  cost,  the  board  of  contract  and  sup])ly  may  authorize  the 
commissioner  of  public  works,  or  the  commissioner  of  public  safety, 
as  the  case  may  be,  to  give  written  orders  therefor  and  the  bills  so 
incurred  shall  be  presented  to  the  comptroller  for  examination  and 
audit,  accompanied  with  such  orders.  When  an  improvement  shall 
be  contracted  for,  the  expense  of  whic  h  is  to  be  assessed,  either  in 
whole  or  in  part,  upon  property  benefited  thereby,  the  comptroller 
shall  certify  that  fact  and  the  amount  of  the  contract  price  to  the 
officers  or  assessors  who  have  authorit)-  in  the  premises,  who  shall 
thereupon  proceed  to  apportion  the  cost  of  such  improvement  and 
make  an  assessment  roll  therefor  as  hereinafter  provided.  {Anu-ihiai 
I..  1S99,  Ch.  5S1  ;    /,.  Kjoo.  C/i.  415). 

Inviting  bids  for  expensive  materials  and  accepting  cheaper,  held 

illegal— llapfel  vs.  Blessing.  37  MLsc.  47. 

§  12  1.  Bids  for  public  work — Kver}' contract  for  public  im- 
provement within  the  city  shall  be  based  upon  estimates  of  the  whole 
cost  of  such  improvement  furnished  by  the  proper  ofiicer.  board  or 
department  havinj;  charge  of  the  improvement.  No  contract  shall  be 
let  except  after  the  receipt  of  bids,  and  no  bids  siiall  be  received  at 
any  other  time  than  at  a  regular  meeting  of  the  board,  and  unless  they 
conform  to  the  rules  of  the  board  and  the  general  ordinances  of  the 
common  council.  All  bids  must  in  addition  be  endorsed  with  the 
title  of  (lie  work  to  which  they  relate,  the  name  of  the  bidder  and  his 
residence.     (/.  1898,  Ch.  182). 

i^  122.  Opening  of  bids  ;  newspaper  reporters  welcome — 
It  shall  be  the  duty  of  each  member  of  the  board  to  l)e  present  at  the 
time  and  place  mentioned  in  the  public  notice  referred  to  in  section 


lU'J  CiiAKiKK    Law  ok    tiik 

White  Charter 


one  hundred  and  twenty.  After  all  the  bids  have  been  pre- 
sented, but  not  until  a  half  hour  after  the  time  stated  in  the 
public  notice  for  holding  the  meeting,  all  bids  shall  be  opened 
by  some  member  of  the  board  or  by  the  clerk  in  the  presence  of 
iIk-  bidders  and  newspaper  reporters  there  present,  though  a  ma- 
jority be  not  then  present,  and  an  abstract  of  all  of  them,  with 
the  prices  and  security  offered,  shall  be  immediately  copied  in  a 
book  kept  for  that  purpose  without  any  change,  correction  or  addition 
whatever.  All  bidders  and  reporters  of  accredited  newspapers  shall 
have  the  privilege  of  being  present  when  the  bids  are  opened.  The 
board  may  refuse  all  bids  received  at  any  meeting  and  advertise  again 
for  new  bids  to  be  received  at  another  meeting  as  above  prescribed. 
Neither  the  principal  nor  sureties  on  any  bid  or  bond  shall  have  the  right 
to  withdraw  or  cancel  the  same  until  the  board  shall  have  let  the  con- 
tract for  which  such  bid  is  made  and  the  same  shall  have  been  didy 
executed.     {As  amciitird  /..  1899.  Ch.  581). 

J?  123.  Bids  for  public  lighting — .All  the  oil,  gas  and  electric 
lights  of  the  city  shall  l)e  supplied  |nusuant  to  section  one  hun- 
dred and  twenty  of  this  act  and  under  and  pursuant  to  con- 
tracts to  be  let  by  the  board  of  contract  and  supply,  which 
contracts  shall  cover  and  include  the  lighting  and  supplying 
of  the  lamps  and  the  oil,  gas,  electric  currents,  the  cleaning 
of  the  lamps  and  all  the  materials  required  in  the  use  and  repair 
thereof.  The  specifications  for  bids  for  the  care,  maintenance  and 
lighting  of  the  city  electric  lamps  shall  provide  for  the  care  and 
lighting  thereof  for  a  period  not  exceeding  live  years.  They  shall 
require  each  bidder  to  furnish  with  his  bid  a  certified  check,  payable 
to  the  order  of  the  treasurer  of  the  city,  in  the  sum  of  ten  thousand 
dollars,  which  sum  shall  be  forfeited  to  the  city  in  ca.se  the  bidder 
depositing  the  same  shall  be  awarded  the  contract  and  shall  not 
execute  the  same  and  furnish  the  bond  required,  whicli  liond  shall  be 


City  ok   Kochkstkr  103 


White  Charter 

in  the  penalty  of  fifty  thousand  dollars.  In  case  the  contract  be  not 
awarded  to  the  l)idder.  or  if  awarded,  the  contract  and  bond  shall  be 
duly  executed,  such  check  shall  be  returned  to  him.  ("/.  1898, 
CIt.  182). 

^  124.  Clerk  of  board  of  contract  and  supply — The  board 
of  contract  and  supply  shall  appoint  a  clerk,  to  hold  otlice  during  its 
pleasure,  whose  duty  it  shall  be  to  keep  a  full  journal  of  all  the  pro- 
ceedings of  the  board,  including  ever)-  vote  thereof  by  ayes  and  noes. 
The  minutes  of  each  meeting  of  the  board  shall  be  printed  in  full 
within  six  days  after  its  adjournment  and  distributed  immediately, 
one  copy  to  each  member  of  the  board  and  of  the  common  council, 
one  to  the  head  of  each  department  and  one  to  every  taxpayer  entitled 
thereto  under  section  four  hundred  and  .seventy -two  of  this  act.  At 
the  end  of  each  year  the  printed  minutes  shall  be  indexed  and  bound 
in  adequate  number.     (/.  189S,  C/i.  182). 

NuTK — At  its  first  meeting  in  1900  the  board  of  estimate  and  apixirtionment 
created  the  office  of  city  jjurchasing  aj;ent  in  the  department  of  public  works. 
(rrt)C.  Hd.  K.St.,  1900,  p.  I).  Since  that  time  the  offices  of  clerk  of  the  Ixjard  of 
contract  and  supply  and  of  purchasing  agent  have  been  filled  by  the  same  official. 

NolK — §§  125-131.  inclusive,  are  omitted  from  the  White  Charter  as  tirst 
enacted. 

!;  125.  Street  iniproNcmentsand  petitions  therefor  When- 
ever the  common  comu  il  shall  order  and  direct  that  any  street,  ave- 
nue, alley,  road,  lane,  square,  open  court,  dock,  wharf,  or  place,  or 
part  of  the  same,  in  said  city.  l)e  paved,  repaved,  or  repaired,  sepa- 
rate plans  and  specifications  shall  be  prepared  for  doing  such  work, 
with  each  kind  of  pavement  or  material  specified  in  the  petition  there- 
for, or.  if  not  so  specified,  with  each  kind  of  pavement  or  material 
specified  by  the  common  council :  and  pro|x>sals  shall  be  invited, 
pursuant  to  the  provisions  of  this  act  for  doing  such  paving,  repav- 
ing  or  repairing,  with  each  kind  of  pavement  or  materials  specified  in 
the  petition  therefor,  or   by  the  common  council.     In   ca.se  the   ex- 


104  ChAKI'KK     LaU     ()!•     THK 

White  Charter 


pense  of  such  pa\  in<,f.  repavin^  or  repairs  is  to  be  assessed  upon  the 
property  benertted  thereby,  a  majority  of  the  property  owners  liable 
to  be  assessed  therefor,  owning  not  less  than  two-fifths  of  the  feet 
front  of  property,  exclusive  of  city  property,  fronting  the  street,  ave- 
nue, alley,  road,  lane,  square,  open  court,  dock,  wharf,  or  place,  or 
part  of  the  same,  to  be  so  paved.  repa\ed  or  repaired,  may,  at  any 
time  within  one  week  after  proposals  for  doing  such  work  have 
been  received  and  opened,  present  to  the  board  of  contract  and  sup- 
ply a  petition,  or  other  writing,  designating  the  kind  of  pavement  or 
material  to  be  used  in  making  said  improvement  ;  and  if  the  expense 
of  such  improvement  is  not  to  be  assessed  upon  the  property  bene- 
fited thereby,  or,  if  to  be  assessed  upon  the  property  benefited  thereby, 
the  propert}'  owners  shall  not  make  the  designation  as  in  this  section 
provided,  the  common  council  shall,  not  later  than  at  its  next  regu- 
lar meeting  after  the  expiration  of  one  week  from  the  reception  and 
opening  of  such  proposals,  designate  the  kind  of  pavement  or  mate- 
rial to  be  used  in  making  such  improvement ;  and  the  contract  for 
such  improvement,  if  awarded,  shall  be  awarded  for  the  kind  of  pave- 
ment or  material  so  designated  b\  the  property  owners  or  common 
council  as  aforesaid,  and  to  the  lowest  bidder  for  doing  the  work  with 
the    kind    of    pavenienl    or   material   so    designated.       {Aiiiicti  by  J.. 

1900,  C/t.  415). 

N«JTE — §§  1  25-1  51.  inclusive,  omitted  frnni  Wliite  C'liarter  as   first   enacted. 

i!  132.  City  engineer  and  assistants  There  shall  be  a  city 
engineer,  to  be  appointed  by  the  mayor,  and  to  hold  office  to  the  end 
of  the  term  of  the  mayor  appointing  him,  unless  sooner  removed  by 
the  mayor,  whose  office  shall  be  a  bureau  in  the  department  of  public 
works.  He  shall  be  a  civil  engineer  of  at  least  \\\q  years  practical 
experience  in  his  profession.  It  shall  be  his  duty  to  perform  all  the 
ordinary  engineering  and  surveying  services  needed  in  the  affairs  and 
business  of  the  city,  and  to  supervise,  under  the  general  directions  of 
the  commissioner   of  public   works,  all   the  work  done  for  the  city  in 


ClTV    OF    RoClIEiTKR  105 


White  Charter 


which  the  skill  of  his  profession  may  be  required  or  useful.  He  shall 
act  as  the  su])eriiUendent  of  jniblic  buildings,  bridges,  docks  and 
wharves,  under  such  regulations  as  may  be  prescribed  by  ordinances 
of  the  common  council,  and  under  the  direction  of  the  commissioner 
of  public  works.  He  shall  employ  such  subordinates  to  serve  during 
his  pleasure,  and  shall  have  such  other  assistance  as  the  board  of  esti- 
mate  and  apportionment  siiall  prescribe.     (Z.  1898,  Cli.  192). 

Public  buildifiKs  may  by  leased  to  veteran  organizations  at  nomi- 
nal   rent — (itufral  MuniiiiKil  l,:i\v.  i;  j(>. 

Custody  of  school  buildinj^s  within  authority  of  city  engineer  - 

People  ex  rcl.  (i.ifiigan  \.s.  Kiiki  r>()ii.  5(1  -^PP-  1''^-  i"^'^- 

Foreign  flags  not  to  be  displayed  on  public  buildings  without  con 
sent  of  mayor  — I..  iSi)5.  (Ii.  ^'1. 

Public  buildings  may  be  insured — Cieneral  Municipal  I-iw,  §  2;,. 

NoTK — §§  I  ^3-141,  inclusive,  are  omitted  from  the  White  Charter  as  first 
enacted. 

?5  14J.  Commissioner  ot  public  NNork^  is  hijihw ay  com- 
missioner—  K.xcept  as  otherwise  provided  in  this  act,  the  other  laws 
of  the  state,  or  by  ordinaiucs  of  the  common  council,  the  commis- 
sioner of  public  works  has  over  the  streets  within  the  city  all  the 
jurisdiction,  and  is  charged  with  all  the  duties  of  commissioners  of 
highways  within  the  towns  of  the  state.     (/..  1898,  (."//.  182). 

Changing  street  lines— St.  Vincent  ().  A.  vs.  Troy,  76  N.  V.  loS. 
Coasting  in  streets— .\rthur  vs.  Cohoes,  56  Hun  36;  artirmed,  134N.Y.589. 
Storing  wagons  in  streets     (Llien  v-.  M,iv..i.  113  N.  V.  ^yz. 

Rights  of  private  water  company  to  lay  pipes  in  streets — Rochester 
and  Lake  (>ntari<i  Water  Co.  vs.  (!ity  of  Rochester,  S4  App.  Div.  71  ;  affirmed. 
176  N.  V.  36. 

5i  143.  Discontinuing  street  \\  hencver  the  common  coun- 
cil shall  contemplate  the  disiontinuance  of  any  street,  it  shall 
publish  a  notice  for  ten  da\s  in  the  otVtcial  newspapers  of  the  city  of 
its  intention  to  do  so,  and  that  all  persons  interested  in  the  street  may 
be  heard  in  reference  thereto  at  a  time  stated  in  such  notice.  If  it 
shall    determine  to  discontinue  tlie  street  and  any  person  shall  claim 


lUO  Cii  AK  1 1  I-!    L\\\    OK  Tilt: 

Wliite  Charter 

to  be  damaged  by  such  discontinuance,  the  damages  of  such  person, 
unless  agreed  upon  between  him  and  the  commissioner  of  pubUc 
works,  subject  to  the  written  appro\al  of  the  board  of  estimate  and 
apportionment,  must  be  ascertained  and  determined  in  the  manner 
provided  in  the  condemnation  law.  But  an  ordinance  discontinuing 
any  street  shall  require  the  affirmative  vote  of  three-fourths  of  the 
members  elected  to  the  common  council.     (Z.  1898,  Ch.  182). 

City  cannot  close  street  without  making  compensation — Egerer  vs. 

N.  V.  C.  etc.,  41  .'^t.  K<]).   (SS. 

§  144.  Abandoned  streets — Eveiy  street  tliat  shall  not  have 
been  traveled  or  used  as  a  street  for  si.x  years,  and  ever)'  street  that 
shall  not  have  been  opened  and  worked  within  six  years  from  the  time 
it  shall  have  been  dedicated  to  the  use  of  the  public  or  laid  out,  shall 
cease  to  be  a  street ;  but  the  period  during  which  any  action  or  pro- 
ceedings shall  have  been  or  shall  be  pending  in  regard  to  any  such 
street  shall  form  no  part  of  such  si.x  years.     (Z.  1898,  Ch.  182). 

§  145.  Streets  by  public  use — All  lands  which  shall  have 
been  used  by  the  public  as  a  street  for  twenty  years  or  more  shall  be 
a  street  with  the  same  force  and  effect  as  if  it  had  been  duly  laid  out 
and  recorded  as  such.     (Z.  1S98,  Ch.  182). 

iJ    146.     Common  council   may  order  street  improvements 

— It  shall  be  lawful  for  the  common  council  to  order  and  direct  the 
grading,  paving,  altering,  repaving,  repairing  or  regrading  of  any  of 
the  streets,  sidewalks,  wharves,  clocks,  roads,  avenues,  open  courts, 
squares,  places,  alleys  or  lanes  in  the  city  and  to  order  the  whole  or 
any  part  of  any  street  or  avenue  in  the  city  to  be  sprinkled  with  water 
for  such  time  as  it  shall  deem  proper,  and  to  order  and  direct  the  con- 
struction, repairing  or  cleansing  of  common  sewers,  vaults  or  drains 
in  any  street,  road,  avenue,  place,  open  court,  alley,  lane  or  lot,  or 
private  drain  leading  from  any  house  or  lot,  and  the  making  or  repair- 
ing of  any  bridge,  arch  or  culvert  over  any  stream  or  run  of  water  in 


I 


City  of  Rochester  10' 


White  Charter 


the  city,  and  the  levcHng  or  fencing  hi  of  any  vacant  lot  in  the  city 
and  the  cleansing  of  sidewalks,  flutters  and  streets  in  front  of  all  lots 
in  the  city  from  snow  and  from  all  dirt,  tiltii  and  other  obstructions  or 
incumbrances  so  as  to  permit  the  free  and  uninterrupted  use  of  said 
sidewalks  and  streets  in  an  easy  and  convenient  manner.  All  pro- 
ceedings preliminarv'  to  the  passage  of  any  ordinance  by  the  common 
council  directing  any  of  the  impnnenients  or  the  performance  of  any 
of  the  work  so  ordered  as  aforesaid,  required  by  the  provisions  of  any 
law  in  force  at  the  time  of  the  passage  of  this  act,  shall  apply  to  and 
be  deemed  necessary  as  a  condition  precedent  to  the  passage  of  such 
ordinance  in  the  city  to  which  said  laws  apply.  (  .-/j-  nviinJcii 
L.  1899,  C/i.  5.S1). 

County  roads  and  other  highways— Highway  law.   !j«j    54.   5'),   m;  ; 
Transpoitatiiin  ( '<)ipi.i.iti<ii)>  Law.  §  i  ;;■). 

Sewers  and  drainage  in  towns  adjoining  citie.'i — L.  njoi,  Ch.  34S. 

,         {5    147.     Contracts     for     public     improvements;     bonds; 

street  surface  railroads — All  cf)ntracts  for  any  work  or  improve- 
ment described  in  the  foregoing  section  shall  be  awarded  by  the  boartl 
of  contract  and  sujjply  in  the  manner  herein  provided  for  and  all  the 
expense  incurred  for  work.  I.d)or  and  services  performed  and  materi- 
als furnished,  with  the  incidental  cost  and  expen.se  attending  the  same 
for  any  of  the  improvements  so  authorized,  except  where  such  expense 
or  portion  thereof  is  made  a  city  charge,  shall  be  assessed  upon  the 
property  intended  to  be  benelited  thereby,  which  is  described  by  the 
officers  and  in  the  manner  prescribed  in  the  statutes  applicable  thereto 
which  were  in  force  in  any  city  at  the  time  of  the  taking  eO'ect  of  this 
act,  and  the  procedure  for  the  making,  levying  and  conforming  of  the 
assessments,  the  collection  and  payment  of  the  sums  of  money  due 
thereon  and  the  sale  and  redem|ition  of  the  property  assessed  on  ac- 
count of  the  tlefault  of  the  owners  thereof  to  make  payment  of  the 
same  within  the  time  prescribed  by  law,  shall  be  regulated  and  gov- 
erned   bv    the    laws    in    existence    and    applicable    thereto    in    each 


108  CnAKiKK   Law  ok  thk 


White  Charter 


of  the  cities  respectively  at  the  time  of  the  passage  of  this  act 
except  as  otherwise  provided  herein.  All  laws  authorizing  the 
issuing  of  bonds  or  certificates  of  indebtedness  to  contractors 
during  the  progress  of  any  such  work  or  improvement  and 
prescribing  the  proceedings  in  regard  thereto  and  the  restrictions 
iMuler  which  the  same  shall  be  issued,  are  hereby  continued  in  full 
force  and  effect  in  the  respective  cities  to  which  the  same  are  now 
applicable,  and  the  several  officers  designated  in  and  by  this  act  to 
exercise  the  general  powers  and  discharge  the  general  duties  hereto- 
fore exercised  and  discharged  by  the  corresponding  officers  named  in 
said  several  acts  referred  to  are  hereby  charged  with  the  performance 
of  all  the  acts  necessary  to  be  performed  in  the  making,  levying  and 
collection  of  such  assessments,  the  sale  and  redemption  of  said  prop- 
erty and  the  issuance  of  such  certificates  of  indebtedness.  Nothing 
contained  in  this  act  shall  be  construed  as  relieving  any  street  surface 
railroad  company  from  its  obligations  or  agreements  under  existing  con- 
tracts, ordinances  or  laws  to  pay  any  portion  of  the  expense  of  paving  or 
repairing  any  street  or  part  thereof,  or  the  making  of  any  other  im- 
provement in  the  city.    {Ameudeil  L.  1899,  Ch.  581:  /,.  1900.  Ch.  415). 

When  money  may  be  paid  on  contracts  for  local  improvements 
—  Kronsbeiii  vs.  City  of  Koi.  heeler,  -(1  App.  I)iv.  4174. 

Property  beyond  the  territory  benefited  cannot  be  assessed  for 

sewer — IVc)plL-  v>.  ISmoklsn.  Jl  r.;nl>.  I'V'. 

Street  surface  railroads  shall  keep  in  permanent  repair  street  be- 
tween tracks  and  for  space  two  feet  outside  rails  -  Railroad  Law,  \  gS. 
Conw.iy  \>.  (-its  of  Koclicsitr.  1  \~  N.  N'.  ^ ;. 

«5  148.  Expense  of  street  improvement  The  expense  of 
opening  or  altering  a  street  shall  be  borne  wholly  by  the  property  ben- 
efited thereby,  except  in  the  cases  provided  for  by  .section  thirty-four 
of  this  act,  which  expense  shall  be  assessed  and  apportioned  by  the 
officers  upon  the  property  described  and  in  the  manner  prescribed  in 
the  statutes  applicable  thereto  which  were  in  force  in  any  city  at  the 

time  of  the  taking  effect   of  this   act.     {Amcndcii  L.    1899.   Ch.   581). 
Street  improvements  generally — See  Index. 


City  ok   Rch  hkster  109 

White  Charter 


?i  149.  City  may  acquire  real  estate — \Mienever  the  com- 
mon council  shall  direct  the  opcninj,'  and  laying  out  of  a  new  street  or 
the  alteration  of  an  existing  street,  or  whenever  any  real  estate  or 
interest  therein  shall  be  required  for  any  munici])al  purpose  whatever, 
the  commissioner  of  public  works  may  acquire  for  the  city  the  neces- 
sary land  and  real  estate  by  gift  or  by  purchase  at  a  price  approved 
by  the  board  of  estimate  and  apportionment  or  by  condemnation  pro- 
ceedings conducted  under  the  laws  prescribing  the  method  of  proce- 
dure of  acquiring  title  to  real  estate  by  the  right  of  eminent  domain  in 
force  in  the  several  cities  respectively  at  the  time  of  the  taking  effect 
of  this  act.     (Aviiiidnl  /.    1809,   Ch.  581). 

Power  to  acquire  by  condemnation— (ieneral  Municipal  l.;i\v.  §  zz. 
Condemnation  proceeding's — Code  Civil   I'roc,  §§  3357-33S2. 

See  §  i(><;  Old  Charttr.  p.  5(>  this  book. 

Note — §§  150,  151,  161,  \Gz.  163  and  164.  White  Charter,  were  repealed  by 
L.  1899,  Ch.  5.S1. 

NoTK — §§  152-160,  inclusive,  omitted  frcjni  the  White  Charter  as  first 
enacted.  ^ 

Old  Charter 

§  61.  Duties  of  street  superintendent 
—  It  shall  be  the  duty  of  the  superintendent  of 
streets  to  superintend,  under  the  direction  of 
the  e.xecutivc  board,  all  work  to  be  done  or 
ordered  upon  or  in  relation  to  any  of  the  public 
streets,  parks,  walks,  bridges,  sewers,  piunps  or 
reservoirs  of  said  city,  and  to  perform,  under 
the  direction  of  said  board,  such  other  duties 
as  are  by  law  imix)sed  upon  him.  If  no  super- 
intendent of  streets  shall  be  appointed,  then  all 
f>owers  and  duties  by  this  charter  imposed 
upon  him  shall  belong  to,  and  be  performed  by, 
the  executive  board  of  said  citv.  ('/,.  1S80. 
Ch.  14). 

§  I  }<)  Improvement  of  streets  ;  street 
superintendent  ihe  executive  board  shall 
have  sole  power  to  let  all  contracts  to  be  made 


110  Chaktkr  Law  of  the 

Old  Charter 


by  said  city  in  pursuance  of  any  ordinance, 
except  such  as  are  by  law  directed  to  be  other- 
wise made,  and  shall  superintend  the  execution 
of  the  same,  and  shall  have  the  superintend- 
ence and  control  of  all  work  or  improvements 
ordered  by  the  common  council,  and  shall 
have  control  of  the  construction,  improvement, 
repair  and  cleaning  of  streets,  alleys,  sewers 
and  bridges,  except  bridges  owned  by  the  state 
of  New  York,  and  shall  have  control  of  the 
expenditure  of  the  funds  therefor ;  but  when- 
ever the  expense  of  any  such  work  or  improve- 
ment shall  be  required  to  be  defrayed  by  a 
local  assessment  the  common  council  of  said 
city  shall  alone  have  power  to  pass  any  ordi- 
nance therefor.  The  members  of  the  said 
board  shall  give  their  entire  time  to  the  duties 
of  the  office,  and  they  shall  be  the  commission- 
ers of  highways  of  the  said  city.  The  execu- 
tive board  may  appoint,  and  at  pleasure 
remove,  a  superintendent  of  streets,  fix  his  com- 
pensation and  prescribe  his  duties.  (Z.  1880, 
Ch.  14). 

J5  150.  Water  works;  water  meters; 
actions  for  penalties — The  executive  board 
shall  ha\e  control  of  the  water  works  of  said 
city,  and  of  the  construction  of  all  extensions 
and  additions,  improvements  and  repairs  of  the 
same,  and  of  furnishing  the  water  to  citizens, 
and  the  care  and  repair  of  said  works,  and  to 
the  end  shall  have  the  powers  granted  to  the 
board  of  water  commissioners  of  said  city  by 
section  three  of  chapter  seven  hundred  and 
fifty-four  of  the  laws  of  eighteen  hundred  and 
seventy-three,  and  they  may  make  such  rules 
and  regulations  and  establish  such  rates  for  the 
use  of  water  as  they  may  deem  proper.  All 
moneys  received  for  water  rates  or  the  use  of 
water,  .shall,  at  the  close  of  each  day,  be  paid 
to  the  city  treasurer.  Whenever  any  meter  for 
registering  the  use  or  consumption  of  water  is, 
or  may  be,  placed  in  any  building  or  other 
place  where  such  water  is  used  or  consumed  by 


City  of  Rochkstkr  111 

old  Charter 

or  uiulcr  the  diicclion  of  the  said  executive 
board,  the  same  shall  at  the  cost  and  expense 
of  the  owner  of  such  building  or  place,  as  well 
as  the  tenant  or  occupant  of  the  same,  or  other 
person  using  or  consuming  said  water,  be  at  all 
times  kept  and  protected  from  any  injury 
caused  by  reason  of  any  act  or  thing,  including 
the  action  of  frost,  and  in  case  any  such  meter 
shall  be  injured  while  being  at  the  place  where 
the  same  is  deposited  by  the  order  of  the  said 
executive  board,  or  its  agents,  the  cost  and  ex- 
penses of  repairing  or  replacing  the  same  shall 
lie  borne  and  paid  by  such  owner,  and  tenant, 
occupant  or  other  person,  to  be  recovered  by 
suit  in  the  name  of.  and  for  the  city  of  Roch- 
ester. Any  action  or  proceeding  taken  or  insti- 
tuted by  said  executive  board  to  recover  any 
penalty,  or  enforce  any  liability,  claim  or 
demand  under  any  of  the  provisions  of  this  act, 
or  any  of  the  rules  and  regulations  of  said 
board,  adopted  under  the  power  granted  by  this 
act,  may  be  brought  in  the  name  of  said  exec- 
utive board,  as  such,  or  in  the  name  of  the  city 
of    Rochester.       (.Is    (inuiiihui    I..     1890,    Ch. 

$  156.  Power  to  purchase  property 
for  water  works  The  e\eculi\c  board,  with 
the  concurrence  of  the  common  council,  may 
purchase,  and  take  title  to  the  city,  of  an\- 
property  or  real  estate  within  or  without  the 
city  limits,  which  they  may  deem  necessary  or 
desirable  for  the  protection  or  improvement  of 
the  water  works.      (  /,.   iSSo.  C/i.  14). 


on 


ri  1^7.  Pou  er  of  commissioner  of  pub 
lie  w<)rks  over  streets  and  the  extensioi 
of  waterworks  Ihe  lonunissioner  of  public 
works  of  the  city  of  R<ichester.  or  his  succes- 
sor in  office,  may  enter  upon  any  road,  street, 
bridge,  highway  or  public  square  in  said  city 
for  the  purpose  of  laying  down  pipes  for  the 
conveyance  of  water,  or  constructing,  repair- 
ing,   altering,    maintaining  or    extending    any 


1 12  C'h  Ak  I  I  K    Law    oi     i  hk 

Old  ChaiiLT 


liDiliun  of  the  water  works  of  said  (.kv.  aiul 
may.  for  said  purpose,  carry,  conduct  and 
maintain  any  aqueduct,  pipes,  or  other  work 
by  them  to  be  made,  hiid  down  or  conducted, 
over,  under,  through  or  across  any  water- 
course, canal,  street,  bridge,  railroad,  highway 
or  public  square,  in  such  a  manner  as  not  to 
obstruct  travel  or  the  free  use  thereof,  only  so 
far  as  may  be  necessary  during  the  actual  con- 
struction of  work  ;  provided,  also,  that  such 
water-course,  canal,  street,  railroad,  highway 
or  public  square  so  entered  upon  shall  be 
restored. by  them  in  as  good  condition  as  be- 
fore. No  other  person  or  corporation  shall 
enter  upon  or  excavate  any  road,  street,  high- 
way or  public  place  in  the  city  of  Rochester, 
for  the  purpose  of  laying  down  pipes  for  the 
conveyance  of  water,  without  the  permission 
of  the  common  council,  which  body  may 
deny  any  such  application  in  its  discretion. 
No  person  or  corporation  shall  furnish  or  dis- 
tribute water  within  said  city  of  Rochester 
from  pipes,  mains  or  conduits  except  under  a 
franchise  granted  by  an  ordinance  passed  by 
a  three-fourths  vote  of  all  the  members  of  the 
common  council,  approved  by  the  board  of 
estimate  and  apportionment  and  providing  for 
a  disposition  of  such  franchise  for  an  adequate 
consideration  for  a  period  not  exceeding  twen- 
ty-five years,  and  upon  such  terms  and  con- 
ditions as  said  common  council  may  impose. 
( Aincihicd  I..  1903.  Cli .  59:  hist  <rni(-iii/<-i/  /.. 
1903.  C/i.  553). 

Any  right,  license  or  permission  to  any 
person  or  corporation,  other  than  the  city  of 
Rochester,  to  enter  upon  and  lay  pipes  for 
the  conveyance  of  water  in  the  public  streets 
and  highways  of  the  city  of  Rochester,  or  to 
furnish  and  distribute  water  within  said  city, 
accruing,  accrued  or  acquired  under  and  pur- 
suant to  any  previous  act  of  the  legislature,  or 
part  of  such  act.  is  hereby  repealed  and  re- 
voked.    (Z.  1903,  C/i.  553,  >?  2 ). 


Cirv    OF    KOCHEIJTKR  113 


Old   Charter 


A    private   company    can  la\    pipes  in    city 

streets  uiuIlt  I'ransportation  ( ■<)i|)iiiauiiii>  l.aw — 
Rochester  and  Lake  Ontario  Water  Com|)any  vs.  Citv 
of  Rochester,  S4  App.  Div.  71  ;  atiirnied.  176  N.  \'.  y\ 

<?  158.  Power  to  fix  water  rates  and 
enforce  collection  with  penalties;  deposit 
and  use  of  same  li  shall  be  ihc  clut\-  of  the 
said  board,  or  their  successors  in  office,  and 
authority  is  hcTchy  p;iven  them,  to  fix  and 
adjust,  from  time  t(»  time,  in  an  eciuitahle 
manner,  the  j^rices  and  rates  which  shall  he 
paid  to  said  city  for  the  use  and  consumption 
of  water  supplied  by  water  works  and  to  col- 
lect and  receive  the  amounts  which  shall 
become  due  for  the  same,  and  establish  such 
needful  regulations  as  shall  enable  them  to 
enforce  collections  of  said  water  rates,  if  not 
paid  when  due,  and  also  such  other  regulations 
as  they  miiy  deem  necessary  for  the  manage- 
ment, maintenance  or  protection  of  said  water 
works,  and  to  sue  for  and  collect  anv  and  all 
penalties  which  may  be  imposed  for  violation 
of  such  regulations,  provided  that  no  penaltv 
exceeding  two  hundred  dollars  shall  be  im- 
posed for  any  violation.  The  proceeds  of  the 
water  rates,  in  whatsoever  manner  collected 
for  the  use  and  consmnption  of  said  water,  and 
all  penalties  collected  shall  be  deposited  with 
the  treasurer  of  said  city,  and  be  reserved  and 
used  exclusively  for  the  jjayment  of  operating 
expenses,  salaries,  repairs,  maintenance  or  ex- 
tension of  said  works,  of  the  interest  npon 
the  water  bonds  issued  for  construction  of  said 
works,  or  for  ftirther  extension  of  the  same,  or 
for  a  sinking  fund  for  payment  of  principal  of 
said  water  bonds,  but  for  no  other  purpose 
whatever.      ( /..  iSSo.  C/t.  \  \^. 

>5  i5<).  Interference  \N  it  h  water  N\  orks 
property  and  supply  a  misdemeanor      Any 

person  who  sh.ill  willfully  do.  or  cau.se  to  be 
done,  any  act  whereby  any  work,  materials,  or 
■ptoperty  whatsoever,  erected  or  used  by  the 
city  of  Rochester,  for  or  in  connection  with 
the  water  works  of  said  city,  shall  be  impaired 


ll-i  CuARTKR  Law  of  the 


Old  Charter 


or  injured,  or  shall  divert,  draw  down  or 
diminish  the  waters  of  Hemlock  or  C'anadice 
lakes  without  authority  of  law,  or  shall  in  any 
way  interrupt  or  prevent  the  Mow  of  water 
through  the  water  mains,  pipes,  or  service  of 
said  works,  or  shall  throw,  deposit,  place,  cast, 
pass  or  cause  to  be  passed,  cast,  placed,  de- 
posited or  throw'n  into  the  waters  of  said 
Hemlock  or  C'anadice  lakes,  or  into  any  reser- 
voir, conduit,  aqueduct  or  pipe  belonging  to 
said  works,  any  dead  animal,  ordure  or  delete- 
rious, offensive,  tilthy,  impure  or  obstructing 
matter,  thing  or  liquid,  or  who  shall  place  any 
of  said  descrilK'd  matter,  thing  or  liquid  so 
that  the  same  ma\-  he  washed  or  carried  or 
How  into  either  of  said  lakes  or  any  conduit, 
pipes,  or  aqueducts  supplied  with  water  there- 
from, shall  be  liable  to  prosecution  for  misde- 
meanor, and  on  conviction  shall  be  punished 
by  fine  of  not  exceeding  two  hundred  dollars, 
or  imprisonment  of  not  exceeding  one  year,  or 
both.     (Z.  1880,  Ch.  14). 

>j  160.  Tapping  water  pipes  and  letting 
water  run  a  misdemeanor — Any  person 
who  shall,  without  the  consent  of  the  executive 
board,  its  authorized  agents  or  successors  in 
ofifice,  tap,  open  or  connect  with  any  water- 
pipe,  or  open  any  hydrant,  valve  or  stop-cock 
connected  with  said  water  works,  or  make  any 
extension  of  existing  service  pipes,  whereby 
increased  quantities  of  water  are  or  may  be 
used,  without  said  consent,  or  shall  leave  open 
any  valve,  faucet,  stop-cock  or  other  fixture  for 
continuous  flow  of  and  through  which  there 
shall  be  continuous  flow  beyond  what  may  be 
necessary  for  actual  use,  or  the  purposes  re- 
quired in  connection  with  such  hydrant,  valve, 
faucet,  stop-cock  or  other  fixture,  shall  be 
liable  to  the  city  of  Rochester  in  a  penalty'  not 
exceeding  two  hundred  dollars,  which  penalty 
the  executive  board  or  its  succes.sors  in  office 
for  and  in  behalf  of  the  city  of  Rochester  may 
sue  for  and  collect  in  a  civil  action.     The  said 


City  of  Rochester  115 


Old  Charter 


acts  or  any  of  thcni  are  hereby  also  declared 
to  be  a  misdemeanor,  and  the  person  so  offend- 
ing may  be  prosecuted  therefor,  and  on  con- 
viction shall  be  punished  by  a  fine  of  not 
exceeding  two  hundred  dollars,  or  imprison- 
ment of  not  exceeding  one  year,  or  both  ;  but 
the  penalty  in  a  civil  action  and  also  in  a 
criminal  action  shall  not  be  enforced  for  the 
same  offense.  (.'Is  atnciiiicd  I..  1884,  Cli. 
302). 

§  161.  Statement  of  unpaid  water 
rates — It  shall  be  the  duty  of  said  board  on 
or  before  the  first  day  of  March  in  each  year 
to  make  and  deliver  to  the  assessors  of  said 
city  a  complete  statement  of  each  and  all  un- 
paid water  rates,  with  a  description  of  the  lot, 
building  or  real  estate,  and  the  name  of  the 
owner  thereof  where  water  has  been  used,  for 
which  water  rates  are  and  remain  due  and 
unpaid  ;  whereupon  the  said  water  rates  and 
the  amount  thereof  together  with  ten  jx-r 
centum  interest  from  the  date  when  they  were 
due,  shall  become  a  lien  and  tax  upon  said  lot, 
building,  or  real  estate,  in  the  same  manner  as 
other  city  taxes,  and  shall  be  collected  in  the 
same  manner  as  is  or  may  be  prescribed  by 
law  for  the  collection  of  taxes  for  city  pur- 
poses of  the  city  of  Rochester.  ( As  a>H(H,/tu/ 
L.  1896,  Ch.  -j'li). 

§  162.  City  may  acquire  property  for 
water  works — In  case  the  city  of  Rochester 
is  unable  lo  obtain  by  purcliase  the  title  to  any 
lands,  waters,  lakes,  springs,  ponds,  or  streams, 
or  any  easements  in,  or  right  of  temporary 
occupation  of  such  lands,  waters,  lakes,  springs, 
ponds  or  streams,  which  may  be  necessar)*  for 
the  use  of  the  water  works  of  said  city,  or  of 
dumjiing  rubbish  and  dirt,  the  executive  board 
of  said  city  shall  be  and  hereby  is  authorized, 
by  and  with  consent  of  the  common  council, 
to  proceed  to  acquire  such  title  or  other  rights 
in  and  to  such  lands,  waters  and  property,  for 
and  in   behalf  of  said  city,  in  the  manner  pre- 


IIG  Charter  Law  ok  the 


( )lcl  Charter 

scribed  by  the  conclenination  law,  as  heretofore 
ainended.  except  as  may  be  otherwise  provided 
by  hiw,  and  for  that  purpose  all  the  provisions 
of  the  last  mentioned  act.  and  of  the  acts 
amendatory  thereof,  are  hereby  made  applica- 
ble to  proceedings  under  this  act.  And  in 
case  the  said  city  of  Rochester  shall  seek  to 
acquire  any  lands  or  any  easements,  water  or 
other  right  or  privilege  in.  or  connected  with, 
any  lands  which  shall  belong  to  any  corpora- 
tion having  the  right  of  taking  private  property 
for  a  public  use,  commissioners  of  appraisal 
shall  not  be  appointed,  unless  it  shall  appear 
to  the  court  that  the  title,  right,  interest,  water 
right,  easement  or  privilege  so  sought  to  be 
acquired,  does  not  embrace  any  of  the  special 
corporate  rights,  privileges  or  franchises  granted 
to  the  corporation  owning  such  lands  or  other 
rights,  nor  anything  which  is  essential  to  the 
exercise  and  enjoyment  of  such  corporate 
rights  and  privileges.  And  in  case  commis- 
sioners are  appointed  by  the  court,  the  city  of 
Rochester  shall  acquire  no  greater  or  other 
rights  by  the  proceedings  than  it  would  have 
acquired  if  the  property,  right  or  privilege 
sought  had  belonged  to  a  private  individual, 
and  in  the  estimate  of  damages  made  by  such 
commissioners  of  appraisal,  nothing  shall  be 
included  for  any  corporate  right,  interest,  priv- 
ilege or  franchise  of  that  corporation  owning 
the  property  to  be  taken,  but  the  same  shall  be 
estimated  precisely  as  if  the  property  belonged 
to  some  private  individual.  Any  condemna- 
tion proceedings  heretofore  commenced  under 
the  act  authorizing  the  formation  of  railroad 
corporatifms  shall  not  be  affected  by  this 
amendment,  making  the  condemnation  law 
applicable,  but  shall  be  completed  pursuant  to 
the  provisions  of  the  statute  under  which  they 
w'ere  begun  the  same  as  if  this  amendment 
had  not  been  passed.  (As  nmi'iidai  /.  1897. 
Ch.  784). 

?    ifil.      Proceedings    in    case    of    en- 
croachments on    streets  —  In     every   -case 


City  ok   Roc  hkstkr  11 

Old  Charter 

where  a  street  in  said  city  has  been  or  shall 
be  encroached  upon  by  any  fence,  building  or 
otherwise  the  executive  board  may  cause  the 
same  to  be  surveyed  and  the  extent  of  such 
encroachment  ascertained  and  may,  by  resolu- 
tion, specifying  the  nature  of  such  encroach- 
ment and  the  extent  thereof,  require  the  owner 
or  owners,  if  known,  and  if  unknown,  the 
occupant  or  occupants  of  the  premises  so  en- 
croaching or  adjoining  such  encroachment,  to 
remove  the  same  within  such  time  as  shall  be 
specified  in  such  resolution,  which  time  shall 
not  be  less  than  ten  days  from  the  service  of 
such  resolutif)n  as  hereinafter  provided.  A  copy 
of  such  resolution  shall  be  served  on  the  owner 
or  owners  of  the  premises  so  encroaching  or 
adjoining  such  encroachment,  if  he  or  they 
live  in  said  city,  personally  or  by  leaving  a 
copy  of  such  resolution  at  his  or  their  resi- 
dence with  some  person  of  suitable  age  and 
discretion  ;  if  such  owner  or  owners  do  not  live 
in  said  city,  but  have  an  agent  living  in  said 
city,  whose  appointment  is  in  writing  and 
whose  name  is  entered  in  a  book  to  be  kepi 
by  the  city  clerk  for  that  purpose,  then  a  copy 
of  such  resolution  shall  be  served  on  such 
agent  personally,  or  at  his  residence,  by  leav- 
ing the  same  with  some  per.son  of  suitable  age 
and  discretion  :  if  such  non-resident  owner 
does  not  have  such  an  agent  then  a  copy  of 
such  resolution  may  be  served  on  any  tenant 
in  possession  of  said  premises,  and  a  copy 
thereof  shall  also  be  sent  by  mail  addressed  to 
such  owner  or  owners  at  his  or  their  residence, 
if  the  same  is  known  or  can  be  ascertained 
with  reasonable  diligence  ;  and  if  there  be  no 
such  tenant,  service  by  mail  alone,  as  afore- 
said, shall  be  suflicient  ;  if  there  be  no  tenant 
in  possession  and  the  owner  or  owners  of  such 
lands,  or  his  or  their  residence  be  unknown 
and  can  not  be  ascertained  with  reasonable 
diligence,  then  such  service  may  be  made  by 
posting  a  copy  of  such  resolution  in  a  conspic- 
uous   place  upon  the  premises  encroaching  or 


11^  C'HARTKK   Law  ok   iiik 

Old  Charter 


adjoining  such  encroacliment.  The  service 
aforesaid  shall  be  made  by  such  person  as  said 
board  may  direct.  If  such  removal  shall  not 
be  made  within  the  time  specified  in  such  res- 
olution the  owner  or  occupants  of  said  prem- 
ises shall  forfeit  and  pay  to  said  city  the  sum 
of  five  dollars  for  each  and  every  day  that 
such  encroachment  shall  continue  unremoved 
after  the  time  mentioned  in  said  resolution  for 
removing  the  same.  And  the  said  board  may 
remove,  or  cause  to  be  removed  such  encroach- 
ments, and  may  collect  of  such  owner  or  occu- 
pant all  reasonable  charges  therefor,  with  co.sts, 
in  any  court  having  jurisdiction  of  civil  actions, 
and  upon  a  judgment  rendered  in  such  action 
execution  may  issue  against  the  person  of  the 
defendant  in  said  action.  No  encroachment 
upon  any  street,  alley,  or  lane  of  said  city, 
however  long  continued,  shall  constitute  an 
adverse  possession  to  or  confer  any  rights  upon 
the  person  or  persons  claiming  thereunder  as 
against  said  city.  This  section  and  the  la.st 
preceding  section  shall  apply  to  alleys  as  well 
as  streets,     (.-is  aiiii-iuicJ  L.  1894,  Cli.  28), 

Removal  of  unauthorized  encroachments 
cannot  be  enjoined — Sims  vs.  Urooktulcl.  1;,  Misr. 
5O9. 

§  16:;.  J^ractice  when  issue  raised  on 
encroachment  If  any  person  \\\)ow  whom  a 
copy  of  such  resolution  shall  have  been  served 
shall,  within  fi\e  days  after  such  service,  file 
with  the  clerk  of  said  city,  a  notice  that  he  or 
they  deny  such  encroachment,  the  mayor  or 
attorney  of  said  city  may  apply  to  the  county 
judge  of  Monroe  county  for  a  precept  directed 
to  the  sheriff  of  said  county  commanding  him 
to  summon  twenty-four  freeholders  of  said  city, 
to  be  named  in  said  precept,  to  meet  at  a  cer- 
tain day  and  place  specified  therein,  not  less 
than  two  days  after  the  issuing  thereof,  to  in- 
quire into  the  premises.  The  said  mayor  or 
attorney  shall  give  the  person  or  persons  deny- 
ing such    encroachment    at    least    twenty-four 


City  of  Rochester  119 

Old  Charter 


hours  notice  of  the  time  and  place  at  which 
such  freeholders  are  to  meet.  Un  the  day  and 
at  the  place  specified  in  such  precept  a  jur)-  of 
twelve  persons  shall  be  drawn  by  said  jud<je 
from  those  so  summoned,  and  who  shall  ap- 
pear, which  jur)'  shall  be  sworn  by  said  judge 
well  and  truly  to  inquire  whether  any  such 
encroachment  has  been  made,  to  what  extent, 
and  by  whom.  Said  county  judge  shall  pre- 
side at  such  investigation,  and  shall  decide  all 
questions  of  law  that  may  arise  upon  the  evi- 
dence offered  by  either  party  thereto,  and  may 
give  instructions  to  the  jury  as  to  the  law  of 
the  case,  as  in  civil  actions.  The  jun,-  shall 
hear  the  proofs  and  allegations  that  may  be 
submitted  by  either  party.  If  they  shall  tind 
that  any  encroachment  has  been  made,  they 
shall  make  and  subscribe  a  ceriiticate  in  writ- 
ing stating  the  particulars  of  such  encroach- 
ment, and  by  whom  made,  which  shall  be  hied 
by  said  judge,  with  a  brief  record  of  the  pro- 
ceedings made  and  suljscribcd  by  him.  in  the 
office  of  the  clerk  of  said  city.  The  person  or 
persons  so  denying  such  encroachment,  within 
ten  days  after  the  finding  of  such  jury,  that 
there  is  an  encroachment,  shall,  under  the 
penalty  provided  in  the  ne.xt  preceding  section. 
remove  the  same,  or  in  case  of  neglect  so  to 
do,  the  executive  board,  or  the  superintendent 
of  streets,  may  proceed  to  remove  the  same 
and  collect  the  charge  therefor  in  the  manner 
provided  in  the  next  preceding  section.  If  the 
jury  lind  that  no  encroachment  has  been  made 
they  sliall  so  certify.     (/..  iS.So.  Cfi.  14V 

S  i()().  Fees  and  costs  of  such  issue  - 
The  persons  summoned  as  jurors,  and  the  per- 
sons summoned  and  attending  as  witnesses, 
shall  be  entitled  to  the  same  fees  as  jurors  and 
witnesses  sununoned  to  attend  courts  of  record 
in  this  .state.  The  party  prevailing  in  such 
proceeding  shall  recover  costs  as  against  the 
other,  which  costs  shall  be  ascertained  and  cer- 
tified by  the    said   judge,    and    collected   by   a 


rid  CnAKiKK    Law   oi-    ihk 

Uld  Charier 

warrant  issued  by  him  to  the  sheriff  of  the 
county  of  Monroe,  commanding  him  to  collect 
the  same  of  the  goods  and  chattels  of  the 
party  against  whom  such  warrant  shall  issue. 
Such  costs  shall  consist  of  the  sheriff's,  jurors' 
and  witnesses'  fees,  and  such  an  amount  as 
the  said  judge  shall  allow  for  attorney's  fees, 
not  exceeding  twenty  dollars.  ( Z.  1880, 
Ch.    14). 

^    167.     Review  of  proceeding  by  certi- 
orari in  supreme  court;     practice;    costs 

—  Any  determination  in  the  proceeding  insti- 
tuted by  virtue  of  the  foregoing  sections  may 
be  removed  to  the  supreme  court  by  the 
party  aggrieved  thereby,  by  certiorari  to  be 
allowed  by  any  judge  of  the  supreme  court, 
within  thirty  days  from  such  determination,  but 
such  certiorari  in  favor  of  any  owner  or  occu- 
pant shall  not  be  allowed  in  favor  of  any 
owner  or  occupant,  unless  the  party  suing  out 
the  same  shall  execute,  with  two  sureties,  to  be 
approved  by  the  judge  allowing  such  certiorari, 
an  undertaking  conditioned  to  pay  all  costs 
and  damages  against  him  on  such  certiorari, 
which  undertaking  shall  be  filed  with  the 
Monroe  county  clerk.  The  allowance  of  such 
certiorari,  and  the  giving  and  filing  of  such 
undertakings  shall  stay  all  proceedings 
under  and  In'  virtue  of  such  determi- 
nation from  and  after  notice  thereof  to 
the  mayor  of  said  city.  I'he  return  to  such 
certiorari  shall  be  made  by  said  county  judge, 
and  the  same  shall  be  entitled  to  a  preference 
over  other  cases  on  the  calendar  at  any  general 
term  of  the  seventh  judicial  district.  The 
court,  upon  the  hearing  of  the  same,  may 
review  any  determination  made  by  the  said 
judge  during  such  proceeding,  and  the  correct- 
ness of  the  finding  of  such  jur)'.  Costs  may 
be  allowed  as  in  other  cases  of  certiorari.  (Z. 
1880,  Ch.  14). 


I 


C'lTV    OK     KOCHKSIKR 
Old   Charter 


$    i(>S.     Flower  of  common   council  as 

to  improvements  The  cf)miiK)n  council 
shall  have  the  power,  subject  to  the  restrictions 
and  limitations  hereinafter  contained  : 

1.  Construction  of  sewers — To  make 
or  cause  to  be  made  sewers,  tunnels,  drains 
and  vaults,  arches  and  bridges,  wells,  pumps 
and  reservoirs  in  any  part  of  the  city,  and 
also  whenever  for  the  purpose  of  drainage, 
sewerage,  or  to  promote  the  public  health,  it 
shall  deem  and  declare  it  necessary,  to  extend 
said  sewers,  tunnels,  drains,  vaults  and  arches 
to  and  beyond  the  liinit*^  of  said  city,  and 
across  private  lands  or  highways  in  any  adjoin- 
ing towns  ;  and  to  acquire  the  necessar)-  lands, 
rights  or  easements  therefor  and  make  such 
ordinances  for  the  regulation,  protection  and 
preservation  of  the  same  as  may  be  deemed 
advisable.     (As  amcniicii  I..  1S97.  C/i.   784). 

F*ropert>  beyond  the  territory  benefited 
cannot  be  assessed  for  sewer — iv-opli-  v>-.  linuik- 
lyn.  J  J  Haib.  16O. 

2.  Construction-  of  streets,  etc. — To 
cause  the  grading,  repairing,  cleaning,  macad- 
amizing, planking  or  paving  any  of  the 
streets,  alleys,  lanes,  squares  or  walks  in  the 
said  city,  and  the  fencing  of  the  public 
squares.      (/.  1880,  Ch.  14). 

3.  Oi'KNiNc.  OF  streets,  ETI-. — To  lay  out. 
make  and  open  any  street,  alley,  square,  park 
or  walk  in  the  said  city,  and  to  cause  any 
street,  alley,  square,  park  or  walk  already  laid 
out,  or  that  may  hereafter  be  laid  out  or  used 
as  such,  to  be  opened  or  altered  by  widening 
or  altering  the  course  of  the  same,  whenever 
they  shall  judge  the  public  good  refpiires  the 
same  to  be  done.      (/.   iSSo.  Ch.   1  4  >. 

Improvement  ordinances  discussed  %.>in- 
erally  —  I-.lwoocl  vs.  city,  43  Hun  102. 

.Scf  White  Charier.  §§  125,  148,  this  book.  aute. 

4.  Discontinuance  OF  STREETS — The  ex- 
ecutive   board,    whenever    authorized    bv    the 


lii'J  C'hartkk   Law  oi    thk 

Old  Charter 

coininon  council,  shall  have  the  same  ])o\ver 
with  respect  to  said  city,  to  discontinue  any 
street  therein,  as  is  now  by  law  possessed  by 
commissioners  of  highways  of  towns,  with  re- 
spect to  roads  in  towns;  and  the  same  proceed- 
ings shall  be  had,  and  the  same  appeal  shall  lie, 
from  the  decision  of  the  said  executive  board, 
and  the  same  proceedings  shall  be  had  on 
such  appeal,  as  are  now  provided  by  law  in 
reference  to  towns,  so  far  as  applicable. 
(Z  1880,  Ch.  14). 

City  cannot  close  street  without  making 
compensation — Egerer  vs.N.  V.C.etc.,41  St. Rep.  4SS. 

.St.L-  White  Charter,  §  143,  this  book,  ante. 

5.  Removal  of  deposits  i.v  Genesee 
river;  proceedings — The  common  council 
shall  also  have  power,  from  time  to  time,  and 
at  any  time,  to  cause  all  or  any  accumulations 
of  dirt,  rubbish  and  deposits  in  any  portion  of 
the  Genesee  river,  within  the  limits  of  said 
city,  to  be  removed  therefrom ;  and  may 
defray  the  expense  thereof,  in  whole  or  in  part, 
by  assessment  upon  such  lots  and  parcels  of 
land  in  the  said  city  as  the  common  council 
may  deem  proper  to  be  assessed  therefor. 
The  proceedings  in  such  case  shall  be  the 
same  as  are  hereinafter  provided  in  relation 
to  public  improvements  the  expense  whereof 
is  defrayed  by  local  assessments,  and  the 
same  proceedings  shall  be  had  after  the  deliv- 
ery of  the  certified  order  of  assessment, 
as  are  prescribed  in  relation  to  assess- 
ments for  any  such  ])ublic  improve- 
ment, and  in  relation  to  tiie  collection  and 
enforcement  of  the  same,  and  the  lien  thereof, 
and  the  sale  of  land  for  such  assessments  as  may 
remain  impaid,  and  in  relation  to  re-assessment 
for  any  deficiencv  in  the  estimated  expense. 
(Z.  1880,  Ch.  14)'. 

6.  Contractors'  uonds  for  i.ahor  ; 
actions  thereon — Whenever  any  contract 
shall  be  let  for  any  public  or  local  improve- 
ment, the  contractor  shall  execute  to  the  city  of 


City  ok   Rochester  1*23 

Old  Charter 


Rochester  a  bond  or  undertakinf;^,  in  the  sum 
of  not  less  than  the  amount  of  the  contract,  or 
to  be  fixed  by  the  executive  board  in  case  the 
amount  be  indefinite,  with  three  or  more  sure- 
ties, who  shall  be  freeholders  of  the  state  of 
New  York,  each  of  whom  shall,  before  being 
accepted,  make  oath  and  justify  that  he  is 
worth  the  sum  named  in  said  bond  or  under- 
taking, over  and  above  all  debts  and  liabilities, 
which  he  owes  or  has  incurred,  and  exclusive 
of  property  exempt  by  law  from  levy  and  sale 
under  an  execution.  Or,  if  the  said  amount 
shall  exceed  ten  thousand  dollars,  each  surety 
may  so  justify  to  any  amount  not  less  than  five 
thousand  dollars,  provided  the  aggregate  of  the 
amoiuit  for  which  the  sureties  so  justify  sev- 
erally shall  be.  at  least,  the  amount  of  the  con- 
tract, such  bond  or  undertaking,  before  being 
accepted,  shall  be  approved  as  to  form,  and  the 
sureties  thereof  by  the  said  executive  board  or 
one  of  the  members  or  clerk  of  said  board  duly 
authorized  by  said  board ;  and  no  contract 
shall  be  binding  on  the  city  until  a  bond  or 
undertaking,  so  executed  and  approved,  shall 
be  deposited  with  the  said  executive  board  or 
its  clerk,  to  be  safely  kept  in  the  ofiice  of  said 
executive  board  for  the  benefit  of  the  parties 
secured  thereby.  .Such  bond  or  undertaking 
shall  bind  the  contractor  to  pay,  or  cause  to  be 
paid,  the  wages  and  compensation  of  all  labor- 
ers who  shall  be  employed  in  work  on  or  about 
such  improvement,  whether  employed  by  him 
or  any  sub-contractor,  or  employee.  Actions 
and  proceedings  on  such  bonds  or  undertakings 
shall  be  brought  by  and  in  the  name  of  the 
laborer  or  laborers  claiming  to  be  secured 
thereby,  and  separate  actions  may  be  brought 
by  each,  or  any  number  united  of  such  laborers, 
or  one  action  by  all  ;  but  the  city  shall  not,  in 
any  manner,  be  liable  or  res|X)nsible,  by  reason 
of  such  bond  or  undertaking,  or  for  any  costs 
or  expenses  of  any  action  or  proceedings  there- 
on. No  action  shall  be  commenced  on  such 
bond  or  undertakinjr  after  six  months  from  the 


rJ4  CJJAKiKK    Law  ok    imk 

Old   Cliarttr 

time  when  the  cause  of  action  accrued  and  after 
the  expiration  of  six  months  from  the  time 
when  the  whole  work  contracted  shall  be 
accepted  by  the  cit}-,  the  said  board,  on  appli- 
cation, shall,  by  resolution,  declare  such  bond 
or  undertaking  canceled  and  discharged,  except 
as  to  actions,  appeals  and  proceedings  then 
pending  ;  and  such  bond  or  undertaking  shall, 
thereupon  cease  to  have  any  binding  force  or 
effect,  except  as  to  pending  cases,  as  aforesaid. 
{As  a  men  lied  I..  1892.  Ch.  190). 

Guarantors  and  sureties — See  L.  i.SSi.  Ch. 
486;  L.  I1S93,  ^'i-  720,  as  amended  L.  1895,  Ch.  178; 
Matter  of  Filer,  XI  Abbott's  New  Cases  107. 

§  7.  Sprinkling  of  streets — The  com- 
mon council  are  hereby  authorized  to  cause  the 
whole,  or  any  part  of  any  street  in  said  city  to 
be  sprinkled  with  water,  or  cleaned,  and  may 
pay  the  expense  thereof  by  an  assessment  upon 
the  lots  and  parcels  of  land  fronting  on  such 
streets,  or  any  specified  part  thereof  (in  propor- 
tion to  the  benefit  and  advantage  thereby 
derived).  The  proceedings  of  the  said  com- 
mon coinicil  in  relation  to  such  work  and  for 
the  assessment  and  collection  of  the  expenses 
thereof  shall  be  conformed  as  nearly  as  may  be 
to  proceedings  in  relation  to  the  making  of 
local  improvements,  and  collecting  the  expense 
thereof  (as  now  required  from  the  persons  own- 
ing or  occupving  the  lots  to  be  assessed). 
{A»u-ni/c,/  /.. '18S1.  C/i.  34^:  /.  1890,  C/i. 
561). 


CnV    OK    ROCHKSTER  12.' 

While   Charttr 


ARTICLE    \T 

DKI'ARr.MKNl    ()1     I'l   IW.IC   SAFKTN" 

§  174.  Commissioner  of  public  safety  and  chief  of 
police  ;  bonds  thereof — There  shall  be  a  coinmissioner  of  public 
safety  appointed  by  the  mayor  within  ten  days  after  the  beginning  of 
every  mayoralty  term.  He  shall  have  charge  of  and  supervision  over 
the  police  department  and  shall  hold  office  for  two  years  unless  sooner 
removed  by  the  mayor.  The  commissioner  shall  ajjpoint,  when  a 
vacancy  shall  occur,  a  chief  of  police,  to  hold  office  during  good 
behavior,  or  until  he  becomes  permanently  incapacitated  or  unfit 
to  discharge  his  duties;  and  such  other  subordinates  to  hold  ofiice 
during  his  pleasure  as  may  be  prescribed  by  the  board  of  esti- 
mate and  apportionment.  In  ca.se  of  a  vacancy  in  the  office  of 
commissioner  of  public  safety,  the  mayor  shall,  within  ten  days,  fill  the 
vacancy  by  appointment  for  the  remainder  of  the  term.  The  commis- 
sioner of  public  safet)'  and  the  chief  of  police  shall  each  give  a  bond  to 
the  city,  witii  sun-ties,  for  tiie  faithful  discharge  of  the  duties  of  their 
respective  offices,  in  a  penalty  to  be  pre.scril)e(l  by  the  common  coun- 
cil, which  bond,  as  to  its  form  and  the  sureties  thereto,  shall  be  ap- 
proved bv  the  mayor.     (,-/.v  amviuifii  /..  1.S99.  C/i.  581). 

Oath  of  office — Public  Officers  I-iw.  §  10;  failure  lo  take  oath.  I'tnal 
Code,  §§  4^.43;  tlftrt  on  official  act.s  of  failure  t<i  lake  oath.  I'liblic  Officerx  Ijiw. 

§  '5 

Official  bonds  generally  — F'ublic  Officers  I.a\v.  §§  11  13;  acting  without 
tiling  IxMid.  IVn.il  lodi..  §§  .(j.  4^  and  Public  Officers  I^w.  §  15;  Guarantors  and 
Sureties.  L.  iSSi.  Ch.  4S<) ;    L.  1S9J.  Ch.  720,  as  amended  L.  I.S95,  Ch.  17S. 

§  17:;.  Clerk  ami  recctrds  of  conmiissjoncr  of  public 
safety       The  commissioner  shall  appoint  a  clerk,  to  hold  office  during 


126  Chartkk   Law  ok  the 


White  Charter 


his  pleasure.  It  shall  be  the  duty  of  the  clerk  to  attend  to  the  office  of 
the  commissioner  and  keep,  under  iiis  direction,  all  the  records  and 
papers  relating  to  the  police  department;  and  the  clerk  shall  have 
authority  to  administer  oaths  and  take  affidavits  in  all  matters  and  pro- 
ceedings pertaining  to  the  department.  The  commissioner  shall  also 
cause  a  record  to  be  kept  of  all  his  official  acts,  which  must  at  all  times 
be  open  to  the  inspection  of  the  mayor,  and,  so  far  as  compatible  with 
the  public  interests,  also,  at  all  proper  times,  to  the  inspection  of  any 
resident  of  the  city.     (Z.  1898,  Ch.  182). 

§  176.  Rules  for  the  police  department — The  commis- 
sioner shall  make  rules  and  regulations,  not  inconsistent  with  the  pro- 
visions of  this  act,  the  other  laws  of  the  state  or  the  ordinances  of  the 
common  council,  for  the  government,  direction,  management  and  dis- 
cipline of  the  police  force.     (Z.  1898,  Ch.  182). 

"  Rules  governing  the  Rochester  police  department,"  last  revised  and  publisiied 
Jan.  1903. 

§  177.  Police  force  subject  to  grading  of  common 
council  — The  police  force  shall,  as  to  its  component  parts,  re- 
main in  each  city  as  now  constituted  until  the  same  shall  be  changed 
by  the  action  of  the  common  council  thereof,  which  has  power,  at  all 
times,  by  ordinance,  to  determine  the  number  of  the  members  of  the 
police  department,  and  the  classes  or  grades  into  which  they  shall  be 
divided  ;  but  the  number  of  members  of  the  police  department  shall 
not  be  increased  without  the  approval  of  the  board  of  estimate  and 
apportionment  by  a  resolution  adopted  by  at  least  four  affirmative 
votes  of  said  board.     (/..  1898,  Ch.  182). 

Power  of  common  council  to  abolish  police  positions  under 
§  177,  White  charter.  People  ex  rel.  Dunn  vs.  llani.  1O6  N.  V.  477  (1901); 
reversing  57  App.  Div.  367. 

§  178.  Appointment  of  policemen — The  commissioner  has 
authority  to  appoint,  as  vacancies  in  the  police  force  occur,  or  as  the 
ordinances  of  the  common  council  may  require,  all  the  members  of  the 


CiTV    OK    ROCHKSTER  127 


White  Charter 


police  force,  and  at  all  times  to  classify  and  distribute  thciii  into  grades 
to  conform  to  such  ordinances  ;  and  under  such  ordinances  he  maj- 
appoint  and  assign  to  duty  temporary  or  special  members  of  the  police 
force  for  such  time  of  service  and  upon  such  terms  and  conditions  as 
such  ordinances  may  specify,  and  with  the  same  powers  as  the  regular 
members  of  the  police  force,  except  as  limited  in  such  ordinances. 
(Z.  i8g8,  Ch.  182). 

Appointment  of  police  matrons — General  City  Law.  §§  90-97,  inclusive. 

§  179.  Qualifications  of  policemen — No  person  shall  be 
appointed  to  membership  in  the  police  force  of  the  city,  or  continue  to 
hold  membership  therein,  who  is  not  a  citizen  of  the  United  States, 
who  is  not  of  good  moral  cliaractcr,  wlio  has  ever  been  convicted  of 
any  crime,  who  cannot  understandingly  read  and  write  the  English 
language,  or  who  shall  not  have  resided  in  the  city  during  two  years 
next  preceding  his  appointment.     (L.  1898,  Ch.  182). 

§  180.  Tenure  of  office  of  policemen — All  the  members  of 
the  police  force,  subject  to  the  power  of  removal  hereinafter  specified, 
shall  hold  their  respective  offices  during  good  behavior,  or  until  by  age 
or  disease  they  become  ])ermanently  incapacitated  to  discharge  their 
duties.     (/.  189S,  Ch.  1S2). 

§  iSi.  Duties  of  policemen — The  members  of  the  police 
force,  excepting  the  surgeons,  in  criminal  matters.  iia\e  all  the  jiowers 
of  constables  under  the  general  laws  of  the  state  :  and  they  also  have 
power  and  it  is  their  duty  to  arre.st  any  person  by  them  found  violating 
any  of  the  penal  ordinances  of  the  city  or  laws  of  the  state,  and  to  take 
such  person  before  the  iM()]ier  city  magistrate,  to  be  dealt  with  in  the 
same  manner  as  if  such  person  had  been  arrested  upon  a  warrant 
theretofore  duly  issued  by  such  magistrate.  It  shall  be  their  duty  to 
report  violations  of  law  and  ordinances,  coming  to  their  knowledge  in 
any  way,  under  regulations  to  be  made   by  the   commissioner   to  give 


128  Charter  Law  oi    ihk 


White  Charter 


effect  to  this  provision.  'I'liey  shall  also  have  in  ever)'  part  of  the 
state  in  criminal  matters  all  the  powers  of  constables  ;  and  any  war- 
rant for  search  or  arrest  issued  by  any  magistrate  of  the  state  may  be 
executed  by  them  in  any  part  of  the  state,  according  to  the  tenor 
thereof,  without  indorsement,  and  all  the  provisions  of  sections  seven, 
eight  and  nine  of  chapter  two,  title  two.  part  four  of  the  revised  statutes 
apply  to  the  cases  of  arrests  made  as  herein  authorized.  (/..  1898. 
C/i.  182). 

Note — The  sections  of  the  R.  S.  referred  to  were  repealed  by  L.  1886,  Ch. 
593.  They  related  to  the  giving  of  bail.  The  reference  should  probably  be  con- 
sidered to  the  provisions  of  the  code  of  criminal  procedure  on  that  subject. 

$  182.  Warrants  to  be  served  by  policemen — All  crimi- 
nal process  for  any  offense  committed  within  the  citv,  and  all  process 
to  recover  or  to  enforce  any  penalty  for  the  violation  of  any  city  ordi- 
nance issued  out  of  any  court  or  by  any  magistrate  within  the  cit}', 
and  every  process,  subpctna  or  bench  warrant  issued  by  the  district 
attorney  of  the  county  in  which  the  city  is  situated,  relating  to  any 
offense  within  the  city,  and  ever)'  process,  subpcena  or  warrant  issued 
by  any  coroner  of  such  count)'  in  any  inquest  held  in  the  city  relative 
to  the  death  of  any  person,  may  be  served  by  the  members  of  the 
police  force.     (/..  1898.  Ch.  182). 

§  183.  Powers  and  duties  of  chief  of  police — i'he  chief  of 
the  police  department  has  power  and  it  is  his  duty  to  see  that  all  rules 
and  regulations  of  the  commissioner  are  enforced  and  carried  out,  to 
commit  any  person  charged  with  a  criminal  offen.se  until  an  examina- 
tion shall  be  had  before  the  proper  magistrate  :  and  he  is  emjDowered 
to  administer  oaths  and  to  take  affidaxits  in  all  matters  pertaining  to 
his  duties  under  this  act,  or  relating  to  the  police  department,  and  to 
perform  such  other  duties  not  inconsistent  with  the  provisions  of  this 
act  as  may  be  delegated  to  him  by  the  commissioner.  (Z.  1898, 
Ch.  182). 


CnV    OK    RoCHKSTKk  \-2[) 

While  Charter 

§    1.S4.    Charges  and  trials  of  policemen     If  a  charge  be  made 

by  any  person  against  any  member  of  the  poHce  force,  that  he  is  incompe- 
tent, or  has  been  guilty  of  neglect  of  dut)-,  misconduct  in  his  office,  or  of 
conduct  unbecoming  a  police  officer,  the  charge  must  be  put  in  writing, 
in  the  form  required  by  the  rules  of  the  police  department,  and  a  copy 
tliereof  must  be  served  upon  the  accused  officer.  It  is  then  the  duty  of 
the  commissioner  to  hear,  tr)-  and  determine  the  charge  according  to 
the  rules  of  the  police  department.  The  accused  officer  has  the  right 
to  be  present  at  his  trial  and  be  heard  in  person,  and  by  counsel,  and 
give  and  furnish  evidence  in  his  defense.  All  trials  shall  be  open  to 
the  public.  The  commissioner  has  power  to  issue  subpcenas  attested 
in  his  name  to  compel  the  attendance  of  witnesses  upon  any  pro- 
ceeding authorized  by  the  rules  and  regulations  of  the  police  depart- 
ment, and  any  person  duly  served  with  a  subpana  is  bound  to  attend 
in  obedience  to  the  conunand  tiiereof ;  and  the  commissioner  has  the 
same  authority  to  enforce  obedience  to  the  subpctna,  and  to  punish 
for  disobedience  thereof,  as  is  pos.sessed  by  justices  of  the  peace  in 
like  cases.  If  the  accused  officer  shall  be  found  guilty  of  the  charge 
made  against  him.  tlie  commissioner  may  order  his  suspension  from 
pay  for  some  definite  time,  or  imjjo.se  upon  him  a  fine  not  e.xceeding 
fifty  dollars,  or  reduce  his  grade,  or  dismiss  him  from  the  police  force 
or  subject  him  to  any  other  di.scipline  prescribed  in  the  rules  of  the 
police  department  which  is  not  inconsistent  with  the  provisions  of  this 
act,  or  with  other  laws  of  the  state.  The  decision  of  the  commis- 
sioner shall  be  final  and  conclusive  and  iK)t  subject  to  review  by  any 
court.     (/..  iS(,S.  (7/.  iSj). 

Decision  removiriR  policemen  not  rc\ifwable— People  ex  rcl.  Grave- 
line  vs.  Il.un,  vi  .\i>p.  I>i\.   ",r  (  ;    l'r..i)l<'  ix  rel.  Miller  vs.  I'eclc.  73  App.  S9. 

Commissioner  can  hear  charges  of  misconduct  occurring  l>efore  Jan. 
1st,  1900 — People  ex  rel.  Spain  vs.  Coyle,  ^5  App.  Div.  22T;. 

§  185.  Police  pension  fund — Any  police  pension  fund  now 
e.xisting  in  any  city,  or  any  such  fund  which  shall  hereafter  be  created, 
or  existing  fund  increased  or  extended  imder  the  rules  and  regulations 


i;}(i  Char  IKK   Law  oi"  thk 

Whitf   CharlLr 

of  the  police  department  aiul  ordinances  of  common  council  and  with 
the  approval  of  all  the  members  of  the  board  of  estimate  and  apportion- 
ment, shall  be  maintained,  managed,  and  controlled  by  the  comptrol- 
ler of  the  city,  under  the  rules  and  regulations  prescribed  by  the  city 
ordinances,  and  he  shall  be  the  trustee  of  the  fund  for  the  purposes  of 
its  creation:  and  the  rights  of  all  persons  in  any  such  fund  now  existing 
shall  remain  unimpaired  by  this  act.      (^Asamcndcil  L.  1899,  Ch.  581). 

Act  to  establish  a  police  pension  fund — I,.  1SS7,  Ch.  614;  amended 
L.  1SS9.  Ch.  40() ;  L.  1X94.  Ch.  5K);  I..  i<;oi,  Ch.  721;  L.  1903,  Ch.  382.  Pub- 
lished in  full  in  this  volume, /tJj/.     See  Inde.x. 

§  186.  Powers  of  mayor  over  police  force —  The  mayor, 
being  charged  to  take  care  that  the  laws  of  the  state  and  the  ordi- 
nances of  the  common  council  and  of  the  commissioner  in  charge  of 
the  health  department  be  duly  executed  within  the  city,  is  empowered 
to  control  and  direct  the  police  department  for  this  purpose ;  and  in 
case  of  riot  or  insurrection,  he  may  take  command  of  the  whole  police 
force,  including  the  chief  executive  officer  thereof,  and  he  may,  for 
the  occasion,  appoint  and  commission  as  many  special  policemen  as 
he  may  deem  necessary,  who  shall  have  all  the  powers  of  regular 
members  of  the  police  force.      (/.  1S9S.  Ch.  182"). 

Mayor  shall  not  appoint  as  special  police  any  persons  not  citi- 
zens—  Tenal  Code,  §  1 19;  as  amended  L.  18S2,  Ch.  384,  and  L.  1892,  Ch.  272. 

5?    187.     Police  exempt  from   military  and  jury  duty — No 

member  of  the  police  department  is  liable  to  military  or  jury  duty,  or  to 
arrest  on  civil  process,  or  to  service  of  subpoena  from  civil  courts,  while 
actually  on  duU',  nor  shall  he  hold  any  otiier  office  or  be  employed  in 

any  other  ckpartnunt  of  the  city  government.     (Z.   1898,  Ch.  182). 

Exemption  from  military  duty — Military  C<>de.  §  i,  .^ubdiv.  4. 

§  188.  Police  appointments  subject  to  civil  service  laws 
— All  appointments  to  membership  on  the  police  force  shall  be  made 
pursuant  to  the  civil  service  laws  of  the  .state,  and  in  case  of  any 
vacancy  in  the  police  force  the  same  shall  be  filled  from  a  list  of  per- 
sons eligible  to  appointment  under  such  laws.    (Z.  1898,  Ch.  182). 


City  ok   Rochkstkk  l.'Jl 

White  Charter 

§  189.  Policemen  not  to  be  members  of  political  con- 
ventions— No  otiicer  or  incnibcr  of  the  police  dcpartinent  shall  be  a 
member  of  or  delegate  to  any  political  convention,  nor  shall  he  be 
present  at  any  such  convention  except  in  the  performance  of  duty 
relating  to  his  position  as  such  officer  or  member.  Any  violation  of 
these  provisions  shall  work  a  forfeiture  of  his  office  or  position,  and 
it  shall  be  the  duty  of  the  mayor  to  dismiss  him  from  his  oftice  or 
pQsition,  and  enter  of  record  the  cause  of  such  dismissal.  (Z.  1898, 
Ch.  1S2). 

§  190.  Policemen  not  to  solicit  votes — It  is  imlawful  for 
any  officer  or  member  of  the  police  deparinuiu  to  solicit  any  person 
to  vote  at  any  political  caucus,  primary  or  election  for  any  candidate, 
or  to  challenge  any  voter,  or  in  any  manner  to  attempt  to  influence 
any  voter  at  any  political  caucus,  primaiy  or  at  any  election,  or  to  be 
a  member  of  any  j)olitical  committee  ;  ami  any  person  violating  the 
provisions  of  this  section  shall  forfeit  his  position  under  the  city 
government.      \  I..  189S.  C/t.  1S2). 

<5    191.     Common    council    may  pass   police  ordinances  — 

In  additif)n  to  the  provisions  herein  contained,  the  comnton  council 
may  make  any  ordinances,  not  inconsistent  with  this  act  or  the  other 
laws  of  the  state,  for  the  government  of  the  police  department,  and 
for  regulating  the  powers  and  duties  of  its  officers  and  members. 
(/,.  1S9S.  Ch.  iSj). 

?i  192.  Policemen  shall  retain  positions  —  All  otVicers  and 
members  of  the  police  department,  when  this  act  takes  ciTect,  shall 
remain  and  continue  in  their  respective  positions  until  their  |K)sitions 
shall  become  vacant  by  de.ith.  resignation  or  by  removal  under  pro- 
cedure hereinbefore  set  forth.     (/.  1898.  Ch.  i8j). 

NoTK — W  193  200.  inclusive,  are  omittid  in  White  Charter  as  first  enacted. 

Police  authorities  must  be  notified  of  parades  and  processions- 
General  Citv  l,.\\v,  §  \. 


1 


i:!*i  CiiARTKK   Law  (M    thk 

While  Charter 

Police  matrons  in  cities — General  City  Law,  §§  'X3-97. 

Mayor  may  Issue  certificates  to  policemen  and  firemen  guod  for 
free  use  of  street  raihvay,  telegrapli  and  telephone,  when  on  duly — L.  1S95, 
Ch.  417. 

Vacations  of  members  of  police  department — 1..  rS.»3,  Ch.  594. 
Published  in  full  in  this  volume, /<'j/.     See  Index. 

Carrying  and  using  weapons  in  cities — Penal  Code,  §S  410,  411  and 
46S.      See  also  L.  1SS3,  Ch.  575. 

Commissioners  stiall  have  sufficient   police  at  public  meetings — 

Code  of  Crim.  Proc,  §  loi. 


Old  Charter 

The  organization  of  the  police  department 
under  the  Old  Charter  i.s  found  J,.  rSSo.  Ch.  14, 
§  12,  as  amended  P.  1881.  Ch.  343;  P.  1S92,  Ch.  190. 
Said  §  12,  (Jld  Charter,  contained  eleven  subdivisions 
and  set  forth  the  powers  and  duties  of  the  old  board 
of  police  commissioners,  which  is  now  superseded. 
Subdivisions  7,  9  and  10  of  said  §  12  are  as  follows  : 

7.  Suspension  and  dismissal  of  polick 
— The  mayor  or  any  one  of  said  commis- 
sioners, at  any  time,  upon  charges  being  pre- 
ferred, or  upon  finding  said  chief  or  any  other 
member  of  the  pohce  force  guilt)'  of  miscon- 
duct, shall  have  power  to  suspend  such  member 
from  service  until  the  board  of  commissioners 
shall  convene  and  take  action  in  the  matter ; 
provided,  however,  that  such  member  shall  not 
remain  so  suspended  for  a  longer  period  than 
thirty  days  without  an  opportunity  of  being 
heard  in  his  defense ;  and  upon  hearing  the 
proofs  in  the  case  a  majority  of  such  commis- 
sioners may  discharge  or  restore  such  members 
in  accordance  with  the  decision  of  the  ma- 
jority of  such  board  thereon  ;  and  the  pay  or 
salary  of  any  member  shall  cease  from  the 
time  of  suspension  to  the  time  of  restoration  to 
sen'ice,  unless  othenvise  ordered  by  said  board 
of   commissioners    in    their    written    decision. 


City  of  Rochkstkk  133 

Old   Charter 


which  shall  be  filed  with  the  clerk  ;  and  any 
violation  of  the  rules,  regulations  or  orders  of 
the  board,  or  orders  of  any  superior,  shall  be 
good  cause  for  dismissal.     (L.  1S80,  Cli.  14). 

9.  Powers  and  dutiks  ok  tiik  police 
FORCE — The  said  chief  of  police,  police  clerk 
and  every  policeman  duly  appointed  as  afore- 
said shall  have  issued  to  him  a  warrant  of  ap- 
pointment, signed  by  the  president  of  the  board 
and  countersigned  by  the  city  clerk,  and  stat- 
ing the  date  of  his  appointment,  which  shall 
be  his  conmiission,  and  he  shall  take  the 
proper  oath  of  office  and  subscribe  the  same 
in  a  book  kept  for  that  purpose,  and  he  shall 
have  the  same  power  and  authority  and  duties, 
and  be  subject  to  the  same  regulations  and  lia- 
bilities as  a  constable  elected  in  a  town, except 
that  the  said  chief  of  police  and  policemen 
shall  not  receive  nor  execute  any  process  in 
any  civil  action  except  the  same  be  issued  for 
a  violation  of  penal  ordinances  of  said  city  of 
Rochester.  The  said  chief  of  police  shall  de- 
tail one  policeman,  to  be  selected  by  the  dis- 
trict attorney  of  Monroe  county,  to  attend  upon 
each  court  of  oyer  and  terminer  and  court  of 
sessions  held  in  and  for  Monroe  county,  and 
such  policeman  shall  be  designated,  notified 
and  returned  by  the  sheriff  of  Monroe  county 
to  attend  said  courts,  in  the  same  manner  in 
which  constables  are  now  designated,  notified 
and  returned  by  him  to  attend  such  courts, 
and  shall  be  paid  in  the  manner  constables  are 
paid  by  law  for  such  service :  liut  such  police- 
man, during  such  detail,  shall  be  subject  to 
the  orders  of  the  district  attorney  of  Monroe 
county  only.  The  said  chief  of  police  and 
policemen  shall,  upon  the  request  of  the  district 
attorney  of  Monroe  countv.  ser\  e  any  criminal 
process  issued  by  him  within  the  limits  of  the 
city  of  Rochester,  and  the  fees  allowed  by  law 
therefor  shall  be  paid  by  the  county  of  Monroe 
to  the  treasurer  of  the  citv  of  Rochester. 
(/.  1880,  Ch.  14). 


134  Chartkk   Law  ok  thk 

Old  Charter 


lo.  PowKR  TO  arrest;  special  offi- 
cers—  The  said  chief  and  poHcemen  shall 
have  power  and  authority  respectively  to  ar- 
rest any  person  or  persons  by  them  found  vio- 
lating any  of  the  penal  ordinances  or  laws  of 
said  city,  and  to  take  such  person  or  persons 
before  the  police  justice,  or  any  justice  of  the 
peace  of  said  city,  to  be  dealt  with  in  the  same 
manner  as  if  such  person  or  persons  had  been 
arrested  upon  warrant  theretofore  duly  issued 
by  such  justice ;  and  it  shall  be  the  duty  of 
such  chief  and  policemen,  respectively  to  en- 
force any  and  all  of  the  penal  ordinances  and 
laws  of  said  city  of  Rochester.  The  said  chief 
of  police  shall,  upon  the  request  of  the  city 
clerk,  detail  one  or  more  policemen,  whose 
special  duty  it  shall  be  to  enforce  the  penal 
ordinances  of  said  city,  relating  to  all  persons 
required  to  take  out  licenses,  and  to  report, 
without  delay,  to  the  city  attorney,  for  prosecu- 
tion, all  violations  of  said  ordinances.  (Z. 
1880,  Ch.  14). 

§  70.  Duties  of  police  force;  penalty 
for  reifusal — The  chief  of  police  and  police- 
men of  said  city  shall  obey  the  lawful  orders 
of  the  mayor,  aldermen,  and  of  the  police  jus- 
tice, or  of  any  person  legally  exercising  the 
criminal  jurisdiction  of  a  justice  of  the  peace 
in  said  city,  in  enforcing  the  laws  of  this  state 
or  the  ordinances  of  said  city;  and  in  case  of 
refusal  or  neglect  so  to  do,  he  or  they  shall  be 
subject  to  a  penalty  of  not  less  than  five  dol- 
lars nor  more  than  one  iunulrcd  dollars.  (/. 
1880,  Ch.  i4\ 

§  71.  Monroe  county  to  pay  expenses 
of  punishing  offenders  against  state 
law — The  expenses  of  apprehending,  exam- 
ining and  committing  offenders  against  any 
law  of  the  state  in  said  city,  and  of  their  con- 
finement, shall  be  audited,  allowed  and  paid 
by  the  supervisors  of  the  county  of  Monroe, 
in  the  same  manner  as  if  such  expenses  had 
been  incurred  in  any  town  of  the  said  count)', 
to  be  assessed  on  said  city.  (Z.  1880,  Ch.  14). 


City  ok  Rochkster  135 

White  Charter 


§  20 1.  Powers  of  commissioner  of  public  safety  over 
fire  department — The  coniniissioner  of  public  safety  shall  have 
charge  of    and    supervision    over    the    fire    department.      (Z.    1898, 

Ch.  182). 

§   202.     Fire  department   subject  to   Rradinjf  of   common 

council — The  fire  department  in  each  city  shall,  as  to  its  component 
parts,  except  the  head  thereof,  remain  as  now  constituted  until  the 
same  shall  be  changed  by  the  action  of  the  common  council,  which 
shall  at  all  times  have  authority,  by  ordinance,  to  determine  the  num- 
ber and  grades  of  all  officers  and  members  of  the  department.  ( /. 
1898.  Ch.  182). 

§  203.  Appointment  of  chief  and  firemen — The  commis- 
sioner shall  appoint,  when  a  vacancy  shall  occur,  a  chief  of  the  fire 
department,  who  shall  hold  office  during  good  behavior,  or  until  he 
becomes  permanently  incapacitated  or  unfit  to  discharge  his  duties,  and 
such  other  subordinates,  to  hold  office  during  his  pleasure,  as  may  be 
prescribed  by  the  board  of  estimate  and  apportionment,  and  all  the 
officers  and  members  of  the  department  as  vacancies  may  occur  or 
the  ordinances  of  the  common  council  require  or  determine:  and  all 
the  ofiicers  and  incmbcrs  of  the  (kp.irtment  shall,  except  as  herein- 
before specified,  and  subject  to  the  power  of  removal  hereinafter 
specified,  hold  their  respective  places  during  good  behavior,  and  so 
long  as  they  arc  competent  to  discharge  the  duties  thereof,  subject  to 
the  power  of  the  conunon  council  to  abolish  any  office  or  to  diminish 
the  number  of  members.  It  shall  be  the  duty  of  the  chief,  subject  to 
the  direction  and  control  of  the  commissioner,  to  perform  such  serv- 
ices as  may  be  delegated  or  directed  by  the  commissioner.  {Ainriii/o/ 
L.  1899,  Ch.  581). 

§  204.  Charges  and  trials  of  firemen  —  .\ny  officer  or 
member  of  the  department  may  be  removed  by  the  commissioner 
upon  charges  affecting  his  conduct  or  character  or  his  competenr\  or 


136  CuAKiKk    Law  oi    thk 

White  Chartt.-r 

capacity  to  discharge  his  duties,  after  a  hearing  upon  such  charges  or 
an  opportunity  to  be  heard  after  notice  thereof.  The  trial  upon  such 
charges  shall  be  publicly  conducted,  according  to  rules  and  regula- 
tions adopted  and  promulgated  by  the  commissioner;  and  for  the 
purpose  of  such  trials,  the  commissioner  may  issue  subpcenas  for 
witnesses  and  compel  their  attendance.  In  case  an  officer  or  member 
is  found  guilty  upon  charges  affecting  his  conduct  or  character, 
instead  of  removing  him,  the  commissioner  may,  in  his  discretion,  sus- 
pend him  from  pay  in  the  department  for  some  definite  time,  or 
impose  upon  him  a  fine  not  exceeding  fifty  dollars.  The  decision  of 
the  commissioner  shall  be  final  and  conclusive  and  not  subject  to 
review  by  any  court.     (Z.  1898.  Ch.  182). 

55  205.  Fire  department  pension  fund — Any  pension  fund 
for  the  benefit  of  members  of  the  tire  department  now  existing,  or  any 
such  fund  which  shall  hereafter  be  created,  increased  or  extended  by 
law  and  the  rules  and  regulations  of  the  department  thereon,  and 
under  ordinances  of  the  common  council,  and  the  approval  of  all  the 
members  of  the  board  of  estimate  and  apportionment,  shall  be  main- 
tained, managed  and  controlled  by  the  city  comptroller,  pursuant  to 
law,  and  to  the  rules  and  regulations  of  the  department  based 
thereon.  He  shall  be  the  trustee  of  the  fund  for  the  purposes  for 
which  it  was  created  ;  and  the  rights  of  all  persons  in  any  such  pen- 
sion fund  now  existing  shall  remain  unimpaired  by  this  act.  (--/.*• 
ameiiiird  I..  1899,  Ch.  581). 

Act  to  establish  a  pension  fund  for  Rochester  fire  department- 

L.  1S94.  Ch.  524  ;  amended  L.  1895,  Ch.  S37  ;  L.  1896,  Ch.  696.  Published  in  full 
in  this  volume,  niiti-.     See  Index. 

§  206.  Commissioner  of  public  safety  shall  control 
apparatus  and  property  of  fire  department ;  contracts  of  over 
$500 — The  commissioner  has  the  control  and  management  of  all  the 


City  ok  Rochkstkr  KJT 

White  Charter 

apparatus,  property  and  huilclini,^s  furnished  for  the  department  or 
appertaining  thereto  ;  and  he  has  the  general  direction  of  the  expen- 
diture of  all  the  money  apjjropriated  to  the  department,  as  herein  pro- 
vided. When  the  commissioner  declares  that  any  real  property  or 
building  is  needed  for  the  department,  requiring  an  expenditure  of 
over  five  hundred  dollars,  he  must  re])ort  the  facts  concerning  such 
need  to  the  common  council,  which  may  by  ordinance  give  authority 
for  the  purchase  of  the  property,  or  the  erection  of  the  building  by 
contract,  to  be  let  by  the  board  of  contract  and  supply,  as  heretofore 
])r()\i(le(l.  luiless  tiie  conunon  council  and  board  of  estimate  and 
apportionment  shall.  b\-  an  imanimous  vote,  declare  it  impracticable 
to  purchase  the  material  or  to  do  the  work  authorized  in  that  way 
in  which  case  the  hre  commissioner  may  make  the  purchase  and  do 
tile  work,  using  his  own  judgment.      (/..  1898,  Ch.  1S2). 

{5  J07.  Firemen  shall  retain  positions  AH  officers  and 
members  of  the  tire  department,  when  this  act  takes  eflfect.  shall 
remain  and  continue  in  their  respective  positions  until  their  positions 
shall  become  vacant  by  death,  resignation,  or  by  removal  under  the 
procedure  hereinbefore  set  forth.     {I..  1898,  C/i.  1S2). 

Note — §§  2oS-2i().  inchisivf,  omiitt'd  in  NVhitt-  Charter  as  first  i-nacled. 

Payment  of  tav  b_\  t'orci;^!!   lire  insiiraiue  corporation — Insurance 

!...«.  §§  i.vv  I ;,<'. 

Fire    escapes    must    be    pro\  idcd      nonnsiir   ComnKrce    I  nv.    !j    \o\ 

I'(  nal  ( 'ocir,  §   (i;/'. 

Chief  shall  Inspect  hotels  as  to  fire  escapes  an'   " 

twice  annually — Dumtstic  Comnierci-  Law,  §  40. 

Exemption  of  firemen  from  Jury  duty— Code  (  i\il  I'l..^..  !;  1030, 
snlidiv.  \y\  frnin  niilii.iiv  iliit\.  Miliiarv  (imIc,  !J   i.  Mihdiv.  .\. 

Firemen  moving  from  one  t.it\  to  anotlK-r  shall  he  entitled  to 
certificate     ( ;.  iv  i.il  (  u\   1  .iw,  ;j);  1  ;.  1  1 

l;xcmption  certificates  to  be  given  to  Noluntcer  iiretiieii  F..  I'joo. 
Ch.  440. 

Act  pcrmittiii;;  incnibcrship  in  fire  department  of  pcr.sons  who 
have  been  convicted  of  felony  — I  .  i>)o;,.  Ch.  427. 


138  Chartkk   Law  of  the 


Old  Charter 

^  224.  Purchase  and  sale  of  engine 
houses  and  fire  department  apparatus — 

The  executive  board  may  procure,  build,  erect 
and  keep  in  repair  such  and  so  many  fire  en- 
gines, hose  and  other  apparatus,  fire  hooks 
and  lire  buckets  and  other  implements  and 
conveniences  for  the  extinguishment  of  fires, 
and  to  prevent  injuries  by  fire,  and  such  and 
so  many  public  cisterns,  wells,  reservoirs  of 
water  and  engine  houses  as  they  shall,  from 
time  to  time,  judge  necessary  ;  provided,  how- 
ever, that  no  engine  house  or  fire  engine  shall 
be  brought,  built,  or  sold  without  the  authority 
of  the  common  council.      (Z.  1880,  Ch.  14). 

§  227.  Rules  and  regulations  for  the 
fire  department — The  executive  board  may 
make  rules  and  regulations  for  the  govern- 
ment of  said  engineers  and  firemen;  may 
prescribe  their  respective  duties  in  case  of  fire 
or  alarms  of  fire ;  may  direct  the  dresses  or 
badges  of  authority  to  be  worn  by  them  ;  may 
prescribe  and  regulate  the  time  and  manner  of 
their  exercise ;  and  the  common  council  may 
impose  reasonable  fines  for  the  breach  of  any 
such  regulations.     (Z.  1880,  Ch.  14). 

{5   228.     Engineers  to  have  custody  of 

engines,  etc. — The  engineers,  under  the  direc- 
tion of  the  executive  board,  shall  have  the  cus- 
tody and  general  superintendence  of  the  fire 
engines,  engine  houses,  hooks,  ladders,  hose, 
public  cisterns  and  other  conveniences  for  the 
extinguishment  and  prevention  of  fires,  and  it 
shall  be  their  duty  to  see  that  the  same  are 
kept  in  order,  and  to  see  that  the  laws  and 
ordinances  relative  to  the  prevention  and  extin- 
guishment of  fires  are  duly  executed,  and  to 
make  detailed  and  particular  reports  of  the 
state  of  their  department,  and  of  the  conduct 
of  the  firemen,  to  the  said  board  at  stated 
periods,  to  be  prescribed  by  the  said  board, 
and  to  make  such  reports  to  the  mayor  when- 
ever required  by  him.     The   certificate  of  the 


City  of  Rochester  139 


Old  Charter 


clerk  of  the  city,  under  the  seal  of  such  city, 
that  a  person  is  or  has  been  a  fireman,  shall 
be  evidence  of  the  fact  in  all  courts  and 
places.     (Z.  1880.  67/.  14). 

5?  231.  Common  council  may  com- 
pensate firemen  for  injuries — 1  he  com- 
mon council  may  provide  suitable  compensa- 
tion for  any  injury  that  any  fireman  may  re- 
ceive, either  in  his  person  or  property,  in  con- 
sequence of  his  exertions  at  any  fire.  (Z.  1880, 
Ch.  14). 

^   232.     flowers  of  common  council  as 

to  fires — The  common  council  may  by  ordi- 
nance : 

1.  Powers  and  duties  of  engineers — 
Prescribe  the  duties  and  powers  of  the  engi- 
neers at  fires,  and  in  cases  of  alarms  of  fire, 
and  may  vest  in  them  such  powers  as  shall  be 
deemed  necessarj-  to  preserve  property  from 
being  stolen,  and  to  extinguish  and  pre\  cut 
fires.     (Z.  1880,  Ch.  14). 

2.  Powers  and  duties  of  mayor  and 
ALDER.MEN — Prescribe  the  powers  and  duties  of 
the  mayor  and  aldermen  at  such  fires,  and  in 
cases  of  alarm  ;  but  in  no  case  shall  the  mayor, 
or  any  alderman,  control  or  direct  the  chief 
engineer,  or  his  assistant,  during  any  fire,  ex- 
cept as  hereinafter  provided.  ( /..  iSSo, 
Ch.  14). 

3.  PROTECnON  AC.AINST  IDLE,  DISOR- 
DERLY AND  susiMCious  PERSONS — Provide  for 
the  removal  and  keeping  away  from  such  fires 
of  all  idle,  disorderly  or  suspicious  persons,  and 
may  confer  powers  for  that  purpose  on  the 
engineers.     (Z.  1880,  Ch.  14). 

4.  Compelling  a.ssistance — Provide  for 
compelling  persons  to  aid  in  the  extinguishment 
of  fires,  by  all  proper  means,  and  to  aid  in  the 
preservation,  removal  and  securing  of  propertv 
exposed  to  danger  by  fire.     (Z.  1S80.  Ch.  14). 


140  Chaktkr   Law  ok    ihk 

Uld  Chartfr 

5.  Compelling  I'olkk  okkicers  to  he 
PRESENT — To  compel  the  constables  and  police- 
men of  the  city  to  be  present  at  tires,  and  to 
perform  such  duties  as  the  said  common  coun- 
cil shall  prescribe,     if..  1880,  C/i.  14). 

§  233.  Arrest  of  persons  refusing 
assistance  at  fires — Wlienever  any  person 
shall  refuse  to  obey  any  lawful  order  of  any 
engineer,  mayor  or  alderman,  or  member  of  the 
executive  board,  at  any  fire,  it  shall  be  lawful 
for  the  officer  giving  such  order  to  arrest,  or  to 
direct  orally  a  constable,  policeman  or  any  citi- 
zen, to  arrest  such  person,  and  confine  him 
temporarily  in  any  safe  place,  until  such  tire 
shall  be  extinguished  ;  and  in  the  same  man- 
ner, such  officers,  or  any  of  them,  may  arrest 
or  direct  the  arrest  and  confinement  of  any 
person  at  such  fire  who  shall  be  intoxicated 
or  disorderly.     (/.  1880,  Ch.  14). 

§  234.  Tearing  down  of  buildings  to 
check    fires  ;  damages,   how  appraised — 

Whenever  any  building  in  the  said  city  shall 
be  on  fire,  it  shall  be  the  duty,  and  be  lawful 
for  the  chief  engineer,  with  the  consent  of  the 
mayor,  or  of  any  member  of  the  executive 
board,  or  of  any  alderman,  or  for  the  mayor,  or 
for  any  two  aldermen,  or  the  executive  board, 
to  order  and  direct  such  building,  or  any  other 
building  which  they  may  deem  hazardous,  and 
likely  to  communicate  fire  to  other  buildings,  or 
any  part  of  such  building,  to  be  pulled  down 
and  destroyed,  and  no  action  shall  be  main- 
tained against  any  person  or  against  the  said 
city  therefor.  But  any  person  interested  in 
any  such  building  so  destroyed  or  injured  may, 
within  three  months  thereafter,  apply  to  the 
common  council  to  assess  and  pay  the  dam- 
ages he  has  sustained.  At  the  expiration  of 
three  months,  if  any  such  application  shall 
have  been  made  in  writing,  the  common  coun- 
cil shall  either  pay  the  said  claimant  such  sum 
as  shall  be  agreed  upon  by  them  and  the  said 
claimant  for  such  damages,  or  if  no  such  agree- 


1 


Cnv    OK     ROCHKSTKR  141 

Old  Charttr 

ment  shall  be  effected,  shall  proceed  to  ascer- 
tain the  amount  of  such  damages,  and  shall 
provide  for  the  appraisal,  assessment,  collection 
and  payment  of  the  same,  in  the  same  manner 
as  is  provided  by  this  charter  for  the  ascer- 
tainment, assessment,  collection  and  payment 
of  damages  sustained  by  the  taking  of  lands  for 
purposes  of  public  impnncmenl.  (Z.  1880, 
67/.   14). 

§  235.     Measure    of     such    damages; 

satisfaction — The  commissioners  appointed 
to  appraise  and  assess  the  damages  incurred 
by  the  said  claimant  by  the  pulling  down  or 
destruction  of  such  building  by  the  direction  of 
the  said  officers  of  the  cit}',  as  above  provided, 
shall  take  into  account  the  probability  that  the 
same  would  have  been  destroyed  or  injured  by 
fire  if  it  had  not  been  so  pulled  down  or 
destroyed,  and  may  report  that  no  damages 
should  equitably  be  allowed  to  such  claimant. 
Whenever  a  report  shall  be  made  and  tinally 
confirmed,  in  the  said  proceedings  for  apprais- 
ing and  assessing  the  damages,  a  compliance 
with  the  terms  thereof  by  the  common  council 
shall  be  deemed  a  full  satisfaction  of  all  said 
damages  of  the  said  claimant.  (Z.  i88o, 
C/i.  14). 

§  220.  Powers  of  commissioner  of  public  safety  o\er  the 
health  department — The  commissioner  of  public  safety  shall  have 
charge  of  and  supervision  over  the  ck'|)artment  of  health.  (Z.  iS<)8. 
Ch.  182). 

§  221.  Appointment  of  liealtli  officer;  general  powers 
of  commissioner-  The  commissioner  fif  public  safety  shall  appoint, 
witiiin  thirty  days  after  his  appointment,  in  the  first  instance,  and  there- 
after when  a  vacancy  shall  occur,  a  health  officer,  who  shall  be  a  doc- 
tor of  medicine  duly  licensed  under  the  laws  of  this  state  to  practice  as 
a  physician  and  surgeon,  and  who  has  had  at  least  ten  years  practice 
as   such.      He    shall   hold   his  office    during  good   behavior,  or   until 


142  Charter  Law  of  the 


White  Charter 


he  becomes  permanently  incapacitated  or  unfit  to  discharge  his 
duties.  Every  vacancy  in  such  office  shall  be  filled  by  the  commis- 
sioner for  the  remainder  of  the  term.  The  commissioner  shall  exer- 
cise all  the  powers  and  be  charged  with  all  the  duties  conferred 
upon  or  required  of  local  boards  of  health  by  the  laws  of  this  state,  so 
far  as  the  same  pertain  to  cities,  with  the  exceptions,  limitations  and 
additions  herein  contained.      (As  avicndcd  L.    1899,   Ch.  581). 

This  section  in  part  supersedes  Public  Health  Law,  §  20.    Yox  powers  of  local 
boards  generally  see  Public  Health  Law,  §§  20-32. 

Obstructing  health  officer  a  misdemeanor — Penal  Code,  §  396. 
Failure  to  comply  with  order  of  health  officer — Penal   Code,   §  397. 

§  222.  Appeals  from  orders  of  health  officer — Any  per- 
son aggrieved  by  an  order,  decision  or  direction  of  the  health  officer, 
may  appeal  therefrom  to  the  commissioner,  who  may  affirm,  reverse, 
or  modify  the  order,  decision  or  direction  appealed  from.  Such  appeal 
must  be  made  by  serving  on  the  health  officer  a  written  notice  of  ap- 
peal within  two  days,  Sundays  and  legal  holidays  excepted,  or  within 
such  further  time  as  shall  be  allowed  by  the  commissioner  after  the 
appellant  receives  notice  of  the  order,  decision  or  direction  appealed 
from.  Within  two  days  after  receiving  such  notice  of  appeal,  Sundays 
and  legal  holidays  excepted,  the  health  officer  shall  make  a  written 
return  to  the  commissioner  of  the  facts  and  of  the  evidence  on  which 
such  order,  decision  or  direction  is  founded.  Upon  receipt  of  such 
return,  or  if  no  return  be  made  within  the  time  specified,  the  commis- 
sioner shall  forthwith  proceed  to  hear  and  determine  the  matter. 
Upon  such  appeal  the  commissioner  need  not  be  confined  to  the  evi- 
dence contained  in  the  return,  but  in  his  discretion  may  take  additional 
evidence.  Until  the  decision  of  the  appeal  be  made,  the  order,  de- 
cision or  direction  appealed  from  shall  be  suspended.  In  case  of  fail- 
ure to  sustain  the  appeal,  the  commissioner  may,  in  his  discretion, 
impose  costs  not  exceeding  ten  dollars  upon  the  appellant.  (Z.  1898, 
Ch.  182). 


I 


City  of  Rochester  143 

White  Charter  * 


§  223.  Health  officers  may  appoint  assistants  and  ex- 
perts— The  health  officer,  by  the  authority  and  under  the  direction 
of  the  commissioner,  may  appoint  a  deputy  and  employ  such  experts 
in  the  sciences  or  arts  relating  to  health,  and  employ  such  other 
persons  as  may  be  needed,  and  as  the  commissioner  may  authorize  to 
assist  him  in  the  discharge  of  his  duties  and  to  carry  into  effect  his 
decisions,  orders  and  directions,  and  the  powers  vested  in  him  by  this 
act,  subject  to  the  approval  of  the  board  of  estimate  and  apportion- 
ment. The  deputy  and  experts,  and  other  persons  so  employed,  shall 
serve  during  the  pleasure  of  the  health  officer  and  under  his  direction, 
and  the  direction  of  the  commissioner,  but  their  compensation  shall  be 
fixed  by  the  commissioner,  subject  to  the  approval  of  the  board  of 
estimate  and  apportionment.     (As  aineiidcd  L.    1899,  C/i.  581). 

Powers  of  deputies  generally — Public  Officers  Lasv,  §  9. 

§  224.  Inspection  of  public  buildings — The  health  officer 
has  authority  and  it  is  his  duty  to  make  inspection  and  to  advise  as  to 
the  proper  heating,  ventilation  and  drainage  of  public  buildings  under 
the  control  of  the  city  or  any  of  its  departments,  and  in  case  any  such 
building  is  in  use  or  in  process  of  erection  without,  in  the  opinion  of 
the  health  officer,  proper  arrangements  for  heating,  ventilation  or 
drainage,  he  has  power,  subject  to  the  right  of  appeal  herein  provided, 
to  stop  the  use  or  the  erection  of  such  building,  to  direct  such  arrange- 
ments to  be  made  and  to  restrain  further  work  upon  the  building  until 
they  are  made.     (/..  189S.  Ch.  182). 

§  225.  Sewers  and  drains  subject  to  approval  of  health 
officer —  All  plans  for  sewers  and  drains  shall  be  submitted  to  the 
health  officer  for  his  approval  before  contracts  are  let  for  the  con- 
struction of  the  same,  and  in  case  of  his  refusal  to  approve  the  same 
such  drains  and  sewers  shall  not  be  constructed  unless,  on  appeal  to 
the  commissioner,  he  shall  approve  the  same.  The  health  officer  has 
power,  subject  to  the  right  of  appeal  herein  provided,  to  stop  the 
construction  or  use  of  drains  and  sewers  which  are  not  properly  con- 


144  Charter  Law    oi    ihe 


White  Charter 

structed  or  properly  used,  or  which  are  not  in  accordance  with  jjlans 
previously  approved  and   adopted.      {As  amciulcd  I..  1899,  C/i.  581), 

§  226.  City  divided  into  health  districts  —  The  commis- 
sioner shall  divide  the  city  into  not  less  than  two  nor  more  than  seven 
districts,  to  be  known  as  health  districts,  and  shall  file  with  the  city 
clerk  a  written  designation  of  such  districts  ;  and  he  may  from  time 
to  time  alter  such  districts  by  tilinj;  with  the  clerk  a  written  designa- 
tion of  such  alteration.      (/.  1898,  Ch.  182). 

§  227.  Appointment  and  duties  of  city  health  physi= 
cian  —  The  commissioner  shall  appoint,  to  hold  ofiice  during  his 
pleasure,  a  health  physician  for  each  of  such  districts,  who  shall  per- 
form such  duties  as  he  may  direct  or  prescribe.  Their  compensation 
shall  be  fixed  by  the  commissioner  subject  to  the  approval  of  the 
board  of  estimate  and  apportionment.  The  deputy  health  officer 
and  health  physicians  shall  render  medical  services  to  indigent  sick 
persons  under  the  direction  of  the  health  officer  and  of  the  proper  poor 
officers  of  the  city ;  but  no  sick  person  shall  be  maintained  at  any 
institution  at  the  expense  of  the  city,  unless  the  poor  officer  shall  cer- 
tify that  such  person  is  an  indigent  person  and  is  a  proper  city  charge. 
This  section  shall  not  be  construed  as  applying  to  almshouses,  hospi- 
tals or  other  public  institutions  which  are  provided  with  a  regularly 
appointed  medical  and  surgical  staff,    {/is  iunciidcd  L.  1899,  Ch.  581). 

Obstructing  health  physician  a  misdemeanor  —  Penal  Code,  §  396. 

§  228.  Actions  as  to  nuisances  —  The  commissioner  is 
authorized,  under  the  advice  of  the  corporation  counsel,  in  the 
name  of  the  city,  to  maintain  actions  to  restrain  the  threatened  per- 
formance of  any  act  contrary  to  its  orders,  directions,  decisions  or 
ordinances  and  to  restrain  and  abate  nuisances ;  and  for  the  pur- 
pose of  obtaining  a  temporary  injunction  in  any  such  action  no 
undertaking  shall  be  required.     (Z.  1898,  Ch.  182). 

Suppression  of  nuisances — I'ublic  Health  ].a\v,  §§  25,  26;  as  amended 
L.  1903,  Ch.  383. 


City  ok  Rochester  145 

White  Charter 


§   229.     Extraordinary    health    expenditures    in    time    of 

peril — In  case  of  great  and  imminent  peril  to  the  public  health  of 
the  city  by  reason  of  impending  pestilence,  it  shall  be  the  duty  of 
the  commissioner,  with  the  sanction  of  the  common  council,  if  it  be 
practicable,  to  convene  that  body  for  prompt  action,  or  if  not,  when 
approved  by  the  board  of  estimate  and  apportionment,  to  take  such 
measures,  and  do,  order,  or  cause  to  be  done,  such  acts,  and  to  make 
such  extraordinary  expenditures  in  excess  of  the  sum  appropriated  to 
the  department  of  health,  as  in  this  act  provided,  for  the  preserva- 
tion and  protection  of  the  public  health  as  he  nia\"  deem  necessary 
and  proper.  Such  ]X'ril  to  public  health  shall  be  deemed  to  exist 
only  when  and  for  such  period  as  the  commissioner  and  the  board  of 
estimate  and  apportionment  by  unanimous  vote  shall  determine.  (As 
amoided  L.  1903,  Ch.  408). 

§  230.  Charges  and  trials  of  members  of  health  depart- 
ment— Any  officer  or  member  of  the  department  mav  be  removed 
by  the  commissioner  upon  charges  affecting  his  conduct  or  character 
or  his  competency  or  capacity  to  discharge  his  duties,  after  a  hearing 
upon  such  charges  or  an  opportunity  to  be  heard  after  notice  thereof. 
'I'he  trial  upon  such  charges  shall  be  conducted,  according  to  rules 
and  regulations  adopted  and  promulgated  by  the  commissioner  ;  and 
tor  the  purpose  of  such  trials,  the  commissioner  may  issue  subpcenas 
for  witnesses  and  compel  their  attendance.  In  case  an  officer  or 
member  is  found  guilty  ujjon  charges  affecting  his  conduct  or  char- 
acter, instead  of  removing  him.  the  conunissioner  may.  in  his  discre- 
tion, suspend  him  from  pay  in  the  department  for  some  definite  time, 
or  impose  upon  him  a  fine  not  exceeding  fifty  dollars.  The  decision 
of  the  commissioner  shall  be  final  and  conclusive  and  not  subject  to 
review  by  any  court.     ( /..  1S9S,  Cli.  182). 

^  231.  Public  health  law  in  force — The  public  health  law, 
so  far  as  it  pertains  to  cities,  shall  be  applicable  to  cities  of  the  sec- 
ond class,  except  as  herein  expressly  modified.     (/.  1898,  Ch.  182). 

See   Old   Charter,  §    2S0.  this  book,  post. 


14(')  (.'hakik!-:    Law  m-     ihk 

White  Charter 

X(jTK — Y'i.  232-23'*  oniiued  from  White  Charter  as  first  enacted. 

Provisions  of  public  health  law  relating  to  powers  and  duties  of 
local  boards  of  health — Amended  1,.  1903,  Ch.  3.S3. 

Legislature   may  confer  power  to  enact  sanitary   ordinances— 

I'olinski  vs.  i'ecjple,  73  N.  \'.  65;   Croniii  vs.  People.  82  N.  ^■.  31S. 

Health  bureau  shall  enforce  law  as  to  employment  of  women 
and  children  -  Labor  Law.  §  172. 

Act  as  to  ambulances — L.  1S96,  Ch.  873. 

Examining  board  of  plumbers  and  inspectors  of  plumbing — (ieneial 
City  Law,  §§  40-^7  :  law  lefiiilalinp;  plumbers  is  constitutional — People  e.\  rel. 
NechamcusVs.  Warden,  etc.,  144  N.  N'.  530:  examination  of  plumbers — People 
ex  rel.  Kelly  vs.  Scott,  86  Hun  174;  registration  essential — Johnston  vs.  Dahlgren, 
31  App.  Div.  204:  inspectors  must  be  practical  plumbers — Stearns  vs.  Tew, 
6  Misc.  404. 

Milk  and  butter  shall  be  kept  clean  by  dealers — A^rii  ultural  Law, 

Cities   of   the   second   class   shall    maintain    free    public    baths — 

L.    1892,  Ch.  473;    amended   L.    1895,   Ch.  351. 

Old   Charier 

^  9.  Board  of  health ;  appointment 
and  qualification  of  members;  health 
officer;  powers  and  duties;  city  phy- 
sicians—  The  board  of  health  of  said  city, 
authorized  under  chapter  two  hundred  and 
seventy. of  the  laws  of  eighteen  hundred  and 
eighty-five,  shall  consist  of  six  persons,  besides 
the  mayor,  of  whom,  at  least,  two  shall  be 
physicians  of  at  least  two  years  standing,  and 
graduates  of  a  regular  medical  college.  They 
shall  be  appointed  by  the  mayor  and  confirmed 
by  the  common  council.  Of  those  appointed 
in  eighteen  hundred  and  .seventy-six,  two  shall 
hold  for  one,  two  for  two  and  two  for  three 
years,  and  thereafter  for  three  years,  or  the 
balance  of  any  unexpired  term,  and  until  a 
successor  shall  be  duly  appointed  and  quali- 
fied. The  mayor  of  the  city  shall  be  ex-ofificio 
president  of  said  board.  Said  board  of  health 
shall  appoint  its  own  health  officer,  who  shall 
hold  office  at  its  pleasure,  and  shall  receive  a 
salar)-  to  be  fixed  by  the  common  council. 
Such  officer  must  be  a  graduate  of  some  regu- 


City  (;k   R(m  hk>tkk  147 

Old   Cliaiter 


lar  medical  college,  and  a  physician  of  at  least 
five  years  standing.  Such  board  of  health,  in 
addition  to  the  other  powers  conferred  by  said 
chapter  two  hundred  and  seventy,  or  any  other 
act,  now  or  hereafter  in  force,  shall  have  the 
power  by  a  vote  of  a  majority  of  said  board, 
to  cause  any  person  sick  of  any  dangerous  in- 
fectious disease  to  be  removed  to  any  proper 
hospital  when,  in  its  opinion,  the  public  health 
requires,  and  to  direct  the  location  of  all 
slaughter-houses,  tallow  chandler  shops,  butcher 
stalls,  soap  factories,  tanneries,  stables,  privies, 
hog  pens,  sewers,  or  other  offensive  or  un- 
wholesome houses  or  places  within  said  city, 
and  to  abate  or  remove  nuisances  of  every 
kind,  and  to  compel  the  owner  or  occupant  of 
any  house  or  place  aforesaid  to  cleanse,  remove 
or  abate  the  same,  whenever  it  deems  it  nec- 
essary for  the  health,  comfort  and  convenience 
of  the  inhabitants  of  said  city.  It  shall  be  an 
advisor)-  board  as  to  the  proper  ventilation  of 
public  city  buildings,  and  in  case  any  public 
school,  or  other  public  city  building,  is  in  *prog- 
ress  of  erection,  without  proper  facilities  for 
ventilation,  in  the  opinion  of  such  board,  it 
may  stop  the  erection  of  such  building,  until 
the  action  of  the  common  council  can  be  had. 
and  the  common  council  shall  have  power  to 
direct  proper  facilities  for  ventilation  to  be  fur- 
nished and  to  restrain  further  work  until  such 
facilities  are  furnished.  The  common  council 
shall  elect,  by  ballot,  for  one  year,  not  less 
than  four,  nor  more  than  six  city  physicians, 
who  shall  be  graduates  of  some  regular  medi- 
cal college,  and  be  of  at  least  two  \ears  stand- 
ing, who  shall  receive  salaries  to  be  fixed  by 
the  council,  and  shall  attend  gratuitously  the 
poor  of  the  city  who  are  unable  to  hire  physi- 
cian's, *  under  the  direction  of  the  poor  com- 
mittee of  the  common  council,  the  overseer  of 
the  poor,  or  other  officer  or  board  authorized 
by  said  common  council.  ( .-is  amciuhui  L. 
1890,  Ch.  561). 

*  So  ill  session  laws. 


148  Charter  Law  of  the 


Old  Charter 


§  269.  Powers  of  common  council  as 
to  sanitary  or  quarantine  regulations; 
pest=house — The  common  comicil  shall  have 
power  to  take  such  measures  as  they  shall 
deem  effectual  to  prevent  the  entrance  of  any 
pestilential  or  dangerous  infectious  disease 
into  the  city ;  to  stop,  detain  and  examine,  for 
that' purpose,  every  person  coming  from  any 
place  infected,  or  believed  to  be  infected,  with 
such  a  disease ;  to  establish,  maintain  and  reg- 
ulate a  pest-house  or  hospital  at  some  place 
within  the  city,  or  not  exceeding  three  miles 
beyond  its  bounds  ;  to  cause  any  person,  not 
being  a  resident  of  the  city,  or  if  a  resident  of 
the  city,  who  is  not  an  inhabitant  of  this  state, 
and  who  shall  be,  or  be  suspected  of  being  in- 
fected with  any  such  disease,  to  be  sent  to 
such  pest-house  or  hospital ;  to  cause  any  resi- 
dent of  the  city,  infected  with  any  such  dis- 
ease, to  be  removed  to  such  pest-house  or  hos- 
pital, if  the  health  physician  and  tAvo  other 
physicians  of  the  city  shall  certify  that  the 
removal  of  such  resident  is  necessary  for  the 
preservation  of  the  public  health ;  to  remove 
from  the  city  or  destroy  any  furniture,  wearing 
apparel,  or  goods,  wares  or  merchandise,  or 
other  articles  or  property  of  any  kind,  which 
shall  be  suspected  of  being  tainted  or  infected 
with  any  pestilence,  or  which  shall  be,  or  be 
likely  to  pass  into,  such  a  state  as  to  generate 
or  propagate  disease  ;  to  abate  all  nuisances 
of  every  description  which  are  or  may  be  in- 
jurious to  the  public  health,  in  any  way  and  in 
any  manner  they  may  deem  expedient  ;  and 
from  time  to  time  to  do  all  acts,  make  all  regu- 
lations and  pass  all  ordinances  which  they 
shall  deem  necessary  or  expedient  for  the  pres- 
ervation of  health  and  the  suppression  of  dis- 
ease in  the  city,  and  to  carry  into  effect  and 
execute  the  powers  hereby  granted.  (Z.  1880, 
Ch.  14). 

See  Dillon's  Municipal    Corporations,  §  144. 

§  270.  Sanitary  regulations  as  to 
canal    boats,    etc. ;     misdemeanor  —  The 


City  of  Rochester  149 

Old  Charter 


captain,  master  or  person  in  charge  of  any 
canal  boat,  steamboat,  or  other  craft  or  vessel, 
which  shall  enter  the  city,  having  on  board 
thereof  any  person  sick  of  any  malignant 
fever,  or  other  pestilential  or  infectious  disease, 
shall  be  guilty  of  a  misdemeanor,  punishable 
by  a  fine  or  imprisonment,  unless  the  person 
so  diseased  became  so  on  the  way,  and  could 
not  be  left.  It  shall  be  the  duty  of  such  cap- 
tain, master  or  person  in  charge,  within  two 
hours  after  his  arrival,  to  report,  in  writing,  to 
the  mayor,  or  some  other  health  officer,  the 
fact  of  such  sick  persons  being  on  board,  and 
the  name,  description  and  location  of  his  craft ; 
and  he  shall  not  permit  such  sick  person  to 
land  or  be  landed,  until  the  board  of  health, 
or  some  member  thereof,  shall  give  permis- 
sion for  that  purpose ;  and  any  neglect  or  vio- 
lation of  these  provisions,  or  of  any  or  either 
of  them,  shall  be  a  misdemeanor,  punishable 
with  fine,  or  imprisonment,  or  both.  (/..  1880, 
Ch.  14). 

§   271.     Same   as    to   public   conveyan= 

ces  ;  misdemeanor — The  owner,  driver,  con- 
ductor, or  person  in  charge  of  any  stage,  rail- 
road car,  or  other  public  conveyanc'e,  which 
shall  enter  the  cit}',  having  on  board  any  per- 
son sick  of  malignant  fever,  or  pestilential  or 
infectious  disease,  shall,  within  two  hours  after 
the  arrival  of  such  sick  person,  report  in  writ- 
ing the  fact,  with  the  name  of  such  person, 
and  the  house  or  place  where  he  was  put  down 
in  the  city,  to  the  mayor,  or  some  member  or 
officer  of  the  board  of  health  ;  and  any  and 
every  neglect  to  comply  with  these  provisions, 
or  any  of  them,  shall  be  a  misdemeanor,  pun- 
ishable with  fine  or  imprisonment,  or  both. 
(Z.  1880.  Ch.  14). 

>?  272.  Same  as  to  infected  property; 
misdemeanor — Any  person  who  shall,  know- 
ingly, bring  or  procure  or  cause  to  be  brought 
into  the  city,  any  propertv  of  any  kind,  tainted 
or  infected  with  any  malignant   fever,  or  pesti- 


150  Charter  Law  ok  the 


Old  Charter 


lential  or  infectious  disease,  shall  be  guilty  of 
a  misdemeanor,  punishable  by  a  fine  or  im- 
prisonment, or  both.     (Z.  1880,  Ch.  14). 

§   273.     Powers  of  board  of  health  as  to 
canal     boats,    etc.;     misdemeanor  —  The 

board  of  health  shall  have  power,  by  an  order 
in  writing  for  that  purpose,  to  be  served  on 
the  master,  captain,  or  person  in  charge  of  any 
canal  boat,  steamboat,  or  other  vessel  or  craft, 
or  any  owner  or  consignee  thereof,  if  such 
boat,  craft  or  vessel  be  by  them  suspected  to 
have  on  board  any  infected  or  diseased  person 
or  property,  to  require  such  boat  or"  vessel  not 
to  enter  the  city,  or  to  remove  to  some  certain 
distance  not  exceeding  three  miles  from  the 
city ;  and  every  such  master,  captain,  person 
in  charge,  consignee  or  owner,  who  shall  be 
served  with  such  order,  shall  be  guilty  of  a 
misdemeanor,  punishable  with  fine  or  impris- 
onment, or  both,  if  such  boat,  vessel  or  craft 
shall  enter  the  city,  in  violation  of  such  order, 
or  shall  not  be  removed  according  to  the  tenor 
of  .such  order,  within  a  reasonable  time,  not 
exceeding  three  hours  after  the  service  of  such 
notice,     j  Z.  1880.  Ch.  14). 

iJ  274.  Hotels  and  boarding=houses 
to  report  sick  persons ;  physicians,  in= 
fectious  diseases;  misdemeanor — Every 
keeper  of  an  inn.  or  boarding  or  lodging- 
house  in  the  city,  who  shall  have  in  his 
house  at  any  time  any  sick  person,  shall  report 
the  facts  and  the  name  of  the  person  in  writ- 
ing within  six  hours  after  he  came  to  the  house 
or  was  taken  sick  therein,  to  the  mayor,  or 
some  officer  or  member  of  the  board  of 
health ;  every  physician  in  the  cit)^  shall  report 
under  his  hand,  to  one  of  the  officers  above 
named,  the  name,  residence  and  disea.se  of 
every  patient  whom  he  shall  have  sick  of  any 
infectious  or  pestilential  disease,  within  six 
hours  after  he  shall  have  visited  such  patient. 
A  violation  of  either  of  the  provisions  of  this 
section,   or  any  part  of  either  of  them,  shall 


C'nv  OF    RocHKsrKK  l.")l 

Old  Charter 


be  a  misdemeanor,  punishable  l)y  fine  or  im- 
prisonment, or  both,  the  fine  not  to  exceed  one 
hundred  dollars,  nor  the  imprisonment  six 
months.     ( /,.  1880.  Ch.  14). 

§  275.     Disposition  of  fines  collected — 

All  fines  imposed  under  the  last  five  sections 
shall  belong  to  the  city,  and  when  collected, 
shall  be  paid  into  the  city  treasury,  and  be 
devoted  to  the  maintenance  and  support  of 
the  pest-house,  or  of  any  hospital  that  may  here- 
after be  established  by  the  city.  (/.  1880.C'//.  14). 

>5   27O.     Power  of  common   council  as 
to  vaults,   drains,  etc.;  assessment — The 

common  council  shall  ha\  e  power  to  pass  and 
enact  such  by-laws  and  ordinances  as  they 
shall  from  time  to  time  deem  necessary  and 
proper  for  the  filling;  up.  draining,  cleansing, 
cleaning  and  regulating  any  grounds,  yards, 
basins,  slips  or  cellars  within  the  said  cit}-. 
that  shall  be  sunken,  damp,  foul,  incumbered 
with  filth  and  rubbisii.  or  unwholesome,  and 
for  filling  or  altering  and  amending  all  sinks 
and  privies  within  the  city,  and  for  directing 
the  mode  of  constructing  them  in  future; 
and  to  cause  all  such  work  as  may  be  neces- 
sary for  the  purpose  aforesaid,  and  for  the 
preser\alion  of  the  public  health  and  cleanli- 
ness of  the  city,  to  be  executed  and  done  at 
the  expense  of  the  city  corporation,  on  account 
of  the  persons,  respectively,  upon  whom  the 
same  may  be  assessed;  and  for  that  p\npose 
to  cause  the  e.vpenses  thereof  to  be  estimated, 
asses.sed  and  collected,  and  the  lands 
charged  therewith,  to  be  .sold  in  case  of  non- 
payment, in  the  same  manner  as  is  provided  by 
law  with  respect  to  other  public  improve- 
ments within  said  city;  and  in  all  cases  where 
the  said  by-laws  or  ordinances  siiall  require 
anything  to  be  done  in  respect  to  the  property 
of  se\eral  persons,  the  expenses  thereof  may 
be  included  in  one  assessment  and  the  several 
houses    and    lots,    in    respect    to    which    such 


15"i  Chaktkk   Law  ok   iiik 

Old   Charter 

expense  shall  have  been  incurred,  shall  be 
brieriy  described  in  the  manner  required  by 
law  in  the  assessment  roll  for  the  general 
expenses  of  the  city,  and  the  sum  of  money 
assessed  to  each  owner  or  occupant  of  any 
such  house  or  lot,  shall  be  the  amount  of 
money  expended  in  making  such  improvement 
upon  such  premises,  together  with  a  ratable 
proportion  of  the  expenses  of  assessing  and  col- 
lecting the  moneys  expended  in  making  such 
improvements.     (Z.  1880,  Ch.  14). 

^  277.  Same  as  to  removal  of  dan= 
gerous  buildings,  fences,  etc. — Whenever 
in  the  opinion  of  the  common  council  any 
building,  fence  or  other  erection  of  any  kind, 
or  any  part  thereof,  is  liable  to  fall  down,  and 
persons  or  property  may  thereby  be  endan- 
gered, they  may  order  any  owner  or  occupant 
of  the  premises  on  which  such  building,  fence 
or  other  erection  stands,  to  take  down  the 
same  or  any  part  thereof,  within  a  reasonable 
time,  to  be  fixed  by  the  order,  or  immediately, 
as  the  case  may  require  ;  or  may  immediately, 
in  case  the  order  is  not  complied  with,  cause 
the  same  to  be  taken  down,  at  the  expense  of 
the  city,  on  account  of  the  owner  of  the  prem- 
ises, and  assess  the  expense  on  the  land  on 
which  it  stood.  The  order,  if  not  immediate 
in  its  terms,  may  be  served  on  the  occupant 
of  the  premises,  or  be  published  in  the  city 
paper,  as  the  common  council  shall  direct. 
{L.  1880,  Ch.  14). 

>;  278.  Same  as  to  preservation  of 
Genesee  river,  canals,  etc. ;  navigation 
thereon  ;  penalties — The  common  council 
shall  have  power  to  pass  all  such  ordinances 
as  they  shall  think  proper  and  necessary,  to 
preserve  the  Genesee  river,  and  all  canals, 
slips  and  basins  in  the  city  ;  to  prevent  and 
punish  the  casting  or  depositing  therein,  or  on 
the  banks  thereof,  any  earth,  ashes  or  other 
heavv    substances,  tilth,   logs   or   floating   mat- 


CiTv  OK   Rochester  158 

Old  Charter 


ter;  to  prevent  and  remove  all  obstructions 
and  accumulations  of  filth  or  rubbish  therein, 
and  to  punish  the  authors  thereof;  regulate 
and  prescril)e  the  mode  and  speed  of  coming 
to  and  departing  from  the  wharves  and  streets 
of  the  city,  by  steamboats,  canal  boats,  and 
other  crafts  and  vessels,  and  the  disposition  of 
the  sails,  yards,  anchors  and  appurtenances 
thereof,  while  entering,  leaving  or  abiding  in 
the  said  city  ;  and  to  regulate  and  prescribe 
by  such  ordinance,  or  through  their  officers, 
such  a  location  of  every  canal  boat,  steamboat 
or  other  craft  or  vessel,  or  Hoat,  and  such 
changes  of  station  in  and  use  of  the  same,  as 
may  be  proper,  in  order  to  promote  order 
therein,  and  the  safety  and  equal  con\jenience, 
as  near  as  may  be,  of  all  such  boats,  vessels, 
crafts  and  floats,  and  may  impose  penalties, 
not  exceeding  one  hundred  dollars,  for  any 
offense  against  any  such  ordinance,  and  may 
by  such  ordinance,  charge  any  such  penalty 
upon  the  steamboat,  canal  boat,  or  other  ves- 
sel, craft  or  Hoat.  the  captain,  master,  owner, 
consignee  or  person  in  charge  of  which  is 
thereby  liable  therefor.  Nothing  in  this  sec- 
tion contained  shall  be  construed  to  authorize 
the  common  council,  or  any  of  its  officers,  to 
interfere  with  any  of  the  laws  of  this  state,  now 
or  hereafter  to  be  enacted,  or  with  the  acts 
and  regulations  of  the  canal  board,  in  relation 
to  the  Krie  canal,  or  any  other  canal  being 
the  property  of  the  state  of  Now  ^'ork.  ( /.. 
1880.  C/i.  14). 

Encroachments  forbidden  in  Genesee  river 

—  L.  1865,  Cli.  ()3(>.  §  7.  I'liblislucl  in  full  this  hook. 
post.  See  hidex.  See  City  <if  Koclirstn  vs.  ( )sl>orn. 
5  Lansing  },- . 

§   279.     Attachment  for  such  penalties 

—  At.  or  at  any  time  after,  the  conuiieneement 
of  any  suit  for  a  penalty  imposed,  in  pursuance 
of  the  last  section,  against  any  person  liable 
therefor,  on  the  production  of  a  certified  cop)- 
of  the  ordinance  nnposing  the  penalty,  and  an 
atTuhn  it  showiiiir   the   connection    between  the 


154  Ch\kii:k   Law  ok  'I'HK 

Old  Charter 

person  sued  and  any  steamboat,  canal  boat, 
vessel,  craft  or  Hoat,  the  justice  before  whom. 
or  any  judge  of  the  court  in  which  suit  is 
brought,  shall  issue  or  order  the  issuing  of  an 
attachment  against  such  boat,  vessel,  craft  or 
Hoat,  commanding  the  sheriff  or  any  one  of 
the  constables  of  the  county  to  attach  and 
safely  keep  the  same  until  discharged  in  due 
course  of  law.  The  fees  allowed  by  law  for 
serving  an  attachment  against  a  non-resident 
debtor,  and  all  the  reasonable  expenses  in- 
curred in  keeping  the  property  attached,  shall 
be  allowed  to  the  attaching  officer,  and  be 
taxed  by  such  justice  or  the  proper  olificer  and 
added  to  and  included  in  the  final  costs,  if  the 
city  recover  judgment.  The  attachment  shall 
be  discharged  on  the  deliver)-  to  such  justice 
or  judge  of  a  bond  executed  to  the  city  by  any 
claimant  of  the  property,  in  a  penalty,  and  two 
sureties  to  be  approved  by  such  justice  or 
judge,  conditioned  for  the  payment  of  any 
judgment  recovered  against  the  defendant  in 
the  suit,  in  thirty  days  after  the  recovery 
thereof.  If  such  property  be  not  so  dis- 
charged, execution  upon  any  judgment  ob- 
tained by  the  city  in  the  suit  shall  be  issued 
immediately,  and  shall  be  levied  on  such 
property,  and  the  same  shall  be  sold  there- 
under in  the  manner  prescribed  by  law,  in 
the  same  manner,  and  with  the  same  effect  as 
though  it  were  the  sole  and  unincumbered 
property  of  the  defendant.     (/.  iSSo.  Ch.  14V 

{5  280.  Provisions  of  state  act  appli= 
cable  to  the  board  of  health-  The  provi- 
sions of  the  act  entitled  "An  act  for  the  pre- 
servation of  public  health."'  passed  April  tenth, 
one  thousand  eight  hundred  and  fift\%  and  the 
acts  amendatory,  thereof  not  in  confiict  with 
this  charter,  shall  be  applicable  to  the  board  of 
health  of  the  citv  of  Rochester.  (Z.  1880, 
Ch.  .4). 

See  White  Charter,  §  :;;;i. 


City  ok  Rochester  155 


White    Charter 

§   232.     Commissioner  of  public  safety  shall  appoint  fire 

marshal — Whenever  the  board  of  estimate  and  apportionnieni  in 
any  city  shall  so  determine,  instead  of  continuing  under  existing  con- 
ditions, the  commissioner  of  public  safety  shall  appoint  a  hre  marshal, 
and  such  other  subordinates  as  may  be  prescribed  by  the  board  of 
estimate  and  apportionment,  to  hold  office  during  his  pleasure.  The 
fire  marshal  and  his  subordinates  employed  in  any  city  at  the  time 
such  a  change  is  determined  upon  by  the  board  of  estimate  and  appor- 
tionment, may  be  re-employed  and  transferred  to  the  new  department 

without  ci\il  service  examination.      [  Addcii  by  L.   1902.  C/i.  402). 

NuiE — Under  the  (Jld  Charter  the  fire  marshal  of  Rochester  was  appointed 
by  the  common  council — L.  iSSo.  Ch.  14.  §  S,  as  amended  L.  iSSS,  Ch.  86. 

§  233.  Powers  of  commissioner  and  fire  marshal  over 
buildings — Upon  such  determination  by  the  board  of  estimate  and 
apportionment,  the  commissioner  of  public  safet)'  shall  possess  the 
following  powers,  and  perform  the  following  duties,  any  or  all  of 
which  may  be  delegated  to  the  fire  marshal  or  his  sul)ordinates,  or  to 
any  oflftcer  or  member  of  the  police  or  fire  department :  to  enter  into 
and  examine  all  dwellings,  houses,  buildings,  tenements,  and  factories 
of  every  description,  and  all  lots,  yards  and  enclosures;  to  see  that 
the  laws  of  the  state  and  ordinances  of  the  common  council  thereto, 
are  complied  with,  and  to  pre\ent  the  construction  and  erection  of 
structures  and  buildings  which  do  not  conform  to  law.  (AdiieJ  b\ 
L.  1902.  67/.  402). 

NoTK — Powers   of    commissioner   of    public   safety  of   Rochester 

under  §  233,  sn/^ni.  dcleuaiiil  ti.  lii.'  ni.u>h.i].  hv  okI-  r  d.iii  d   liilv  i>t.  \',o\. 

NoTK — Powers  and  duties  have  been  given  the  fire  marshal  as  lol 
lows:  .Shall  enfnnt-  jjiovisions  ol  tin-  (  )l(l  ("haitiM(§  jj;,.  pa.L;i- ()o  iliis  Iniok). 
relating  to  the  i)roteclion  of  j^ersons  anil  ])ropcrly  from  fires  (resolution  of  com 
mon  council,  .April  iith,  iS<;i))  ;  shall  be  the  custodian  of  election  |)roperty  and 
have  charge  of  storing  and  setting  u])  ballot  machines  (".Vn  ordinance  regulating 
storage,  care,  etc.,  of  election  booths  and  all  property  used  at  primary  antl  general 
elections."  passed  .\pril  loih.  1900);  shall  enforce  the  ordinance  lelating  to 
morgues  (order  of  Mayor  Carnahan.  December  4th,  i<)00,  untier  §  24,  White 
Charti-r,  ordinanct-  passed  March  2(;th,  iScjS);  shall  enforce  ordinance  relating  to 
the  storage  of  combustibles  (pa.ssed  ?"ebuary  26th.  1901);  shall  enforce  ordinance 
relating  to  the  storage  and  sale  of  explosives  (pa.ssed  May  iith,  1S97;  amended 
May  2  1st.  1901)  ;  shall  enforce  ordinance  relating  to  buildings  (pa.ssed  May  1  ith. 
1S97;  amended  vSeptember  30th.  1S9S.  June  5th  and  June  i>)th.  1900). 


156  Charter  Law  of  thk 


Old  Charter 

§  229.     Powers    and    duties     of     fire 

marshal — The  fire  marshal  shall  have  such 
powers  and  perform  such  duties  as  the  com- 
mon council  shall,  from  time  to  time  direct, 
and  with  such  salaiy  as  the  common  council 
shall  determine.  He  shall  examine  plans  and 
specifications  for  all  new  buildings  and  for  all 
alterations  and  additions  to  existing  buildings 
owned  or  to  be  built  by  the  city,  through  any 
of  its  departments,  for  the  purpose  of  deter- 
mining the  fitness  of  said  buildings  for  the  pur- 
poses for  which  they  are  intended  or  are  likely 
to  be  used ;  to  make  sure  that  the  foundations 
are  adequate,  the  walls  of  proper  strength,  the 
arrangement  such  as  to  secure  ample  natural 
light,  good  ventilation,  and  other  sanitary  con- 
ditions, particularly  in  school  houses  and  fire 
department  buildings,  and  means  of  egress, 
easy  and  commodious.  He  shall  have  author- 
it}^  to  procure  with  the  approval  of  the  common 
council  such  expert  counsel  and  advice  as  he 
may  deem  necessary,  and  any  reasonable  ex- 
pense therefor,  after  being  duly  audited  and 
approved  by  the  common  council  shall  be  paid 
from  the  contingent  fund.  A  copy  of  the  plans 
and  specifications  for  all  new  buildings,  alter- 
ations and  additions  referred  to,  approved  by 
the  fire  marshal  must  be  filed  with  the  city 
clerk  and  be  certified  by  him  to  the  depart- 
ment of  officials  having  jurisdiction,  before  it 
shall  be  lawful  to  let  contracts,  commence 
work  or  incur  any  expense  therefor.  (As 
amended  L.  1897,  Ch.  784). 


City  of  Rochester  157 

White  Charter 


ARTICLE    VII 

DEPARTMENT    OF    PUBLIC    INSTRUCTION 

Note — The  White  Charter  as  first  enacted  declared,  "that,  the  de- 
partment of  public  instruction  shall  continue  as  provided  by  law"  (L.  1898, 
Ch.  iS:;,  §  240).  The  original  act  did  contain  certain  provisions  as  to  the  said 
department  (§§  241-252,  inclusive),  but  these  sections  were  afterwards  repealed 
(L.  1899,  Ch.  581).  Subsequently  the  above  mentioned  §  240  of  the  White  Charter 
was  amended,  and  sections  241-247,  inclusive,  were  added  (L.  1902,  Ch.  560), 
creating  a  uniform  department  of  public  instruction  for  cities  of  the  second  class 
but  expressly  excepting  Syracuse  and  Rochester.  This  exception  makes  the 
provisions  applicable  only  to  the  cities  of  Albany  and  Troy.  Said  sections 
240-247,   as  they   now  exist,  are  as  follows  : 

§  240.  Board  of  education — There  shall  be  a  board  of 
education,  composed  of  three  members,  to  be  called  commissioners 
of  education,  who  shall  be  appointed  as  hereinafter  provided,  which 
board  shall  be  the  head  of  the  department  of  public  instruction. 
They  must  have  been  electors  of  the  city  for  a  period  of  at  least  five 
years  immediately  preceding  the  date  of  appointment.  Within  ten 
days  after  the  passage  of  this  act,  the  mayor  shall  appoint  one  com- 
missioner to  serve  until  February  first,  nineteen  hundred  and  four, 
one  to  serve  until  February  first,  nineteen  hundred  and  six,  and  one 
to  serve  until  February  first,  nineteen  hundred  and  eight ;  and  there- 
after, at  the  expiration  of  the  term  of  any  commissioner,  the  mayor 
shall  appoint  his  successor  for  the  term  of  six  years,  which  shall  be 
the  term  of  office  of  every  commissioner  so  appointed.  In  the  case 
of  a  vacancy  in  the  office  of  commissioner,  the  mayor  shall  fill  the 
vacancy  by  the  appointment  of  a  commissioner  for  the  remainder  of 
the  term.  The  commissioners  shall  serve  without  pay.  {As  amended 
L.  1902,  C/i.  560). 


15s  (iiARiKK    Law  ok    ihk 

Wliiti-   <'liaitt-i 

^   241.      President,     superintendent     and     teachers — I  lie 

bi)arcl  shall  appoint  one  of  ils  members  president,  who  shall  exercise 
all  the  powers  usually  incident  to  such  office.  It  shall  also  appoint  a 
suitable  person  other  than  a  member  thereof,  superintendent  of 
schools  in  the  city,  who  shall  exercise  the  powers  and  dischar<;e  the 
duties  hereinafter  delined,  and  shall  be  allowed  such  compensation 
for  his  services  as  the  board  of  estimate  and  apportionment  may  at 
any  time  determine.  It  shall  also  appoint  from  time  to  time  such 
other  employees  including  teachers  and  attendance  officers  as  the 
school  system  may  require  :  the  amount  of  their  com]3ensation  shall 
be  fixed  1)\-  the  board  of  estimate  and  apportionment.  It  has  the 
care,  custody  and  safe  keeping  of  all  school  property,  real  and  per- 
sonal ;  and  shall  make  rules  and  regulations  for  the  government  of 
the  schools  and  its  employees  except  as  hereinafter  provided  :  jDre- 
scribe  courses  of  study  and  text-books  :  supply  the  recjuisite  text- 
books and  stationery  for  the  use  of  indigent  pupils :  provide  the 
several  schools  with  the  necessary  school  apparatus,  maps  and  music 
books,  the  expense  thereof  to  be  defrayed  out  of  the  school  moneys 
of  the  citv.  No  member  of  the  board  shall  be  eligible  to  appoint- 
ment   or   ein]3lo\inenl    In"  the  board.      [  .Idiirilhy  I..  1902.  C/i.  560). 

?;  242.  Powers  of  board — The  lx)ard  has  all  the  powers  and 
is  charged  with  all  the  duties  of  commissioners  of  common  schools, 
and  of  trustees  of  the  several  school  di.stricts  in  this  state,  under  the 
general  statutes  relating  to  common  schools,  so  far  as  such  powers 
and  duties  can  be  made  applicable  to  the  schools  herein  jMovided  for, 
and  are  not  inconsistent  with  the  provisions  of  this  act.  (Ai/Jtuf  l>y 
/..  1902.  C/i.  5<')o). 

^  243.  Charges  against  superintendent — The  superin- 
tendent of  schools  shall  hold  office  during  the  pleasure  of  the 
board.  Any  person  may  prefer  charges  of  incompetency,  malad- 
ministration  or  misconduct  in  office  against  the  superintendent,  and 


Cirv  OK  Roches lEK  159 

White   Cliarter 

thereupon  the  board  shall  ]jroceccl  to  hear  the  charyes.  and  in  case 
the  same  shall  be  sustained  by  the  affirmati\e  voles  of  a  majority 
thereof,  the  superintendent  shall  be  dismissed  from  hi^  office. 
{.Adtlcd  by  /..  1902,  C/i.  5601. 

>?  244.  Powers  and  duties  of  superintendent — The  super- 
intendent has  power,  and  it  is  his  duty  to  see  that  all  rules  and 
regulations  of  the  board  are  complied. with  by  the  principals  and 
teachers:  to  determine  the  different  grades  of  stud\-  which  shall  be 
pursued  in  the  various  departments  of  the  several  schools ;  to  tran.s- 
fer  teachers  from  one  school  to  another,  or  from  one  grade  to 
another:  to  suspend  any  teacher  temporarily  for  cause,  provided, 
however,  that  the  reasons  for  such  suspension  shall  be  immediately 
transmitted  to  the  board  in  writing:  to  transfer  pupils  from  one 
school  to  another:  to  prescribe  rules  and  regulations  for  the  admis 
sion,  examination  and  promotion  of  pupils:  and  he  shall  ha\e  the 
charge  of  the  school  libraries.     ^Addcd  by  L.  190J,  Ch.  560). 

>?  245.  Appointment  of  teachers  ^AU  assistant  teachers 
shall  be  appointed  for  a  probationary  period  of  one  year,  at  the 
expiration  of  which  term,  unless  satisfactory  evidence  of  incompetency 
is  submitted  by  the  superintendent,  the  probationer  may  be  elected 
by  the  board.  Tiiereafter  such  teacher  shall  hold  the  ])osition  during 
good  behavior  and  shall  be  removable  only  for  cause,  after  a  hearing, 
by  the  affirmative  votes  of  a  majority  of  the  board.  All  probationaiy 
appointments  shall  be  made  from  the  head  of  a  merit  list,  upon  which 
the  names  of  all  eligible  candidates  for  appointment'  as  assistant 
teachers  shall  appear  in  the  order  of  their  rank  in  scholarship  and 
qualirtcalions  for  teaching:  and  it  shall  be  the  duty  of  the  board  to 
prescribe  by  rules  not  inconsistent  with  the  laws  of  the  state  the 
means  of  determining  such  rank  in  scholarship  and  qualifications. 
All    principals    shall    hold    their  positions  during  good  behavior,  and 


160  (]h.\kikk   Law  ok    ihk 

White   Charter 

shall  be  removable  only  for  cause,  after  a  hearing,  by  the  affirmative 
votes  of  at  least  a  majority  of  the  board.  {Added  by  I..  1902,  Ch. 
560). 

§  246.  Repairs  of  school  buildings — Whenever  in  the 
opinion  of  the  board  any  repairs  are  needed  to  the  public  school 
buildings  in  the  city,  it  shall  call  upon  the  city  engineer  to  make  such 
repairs.  It  shall  recommend  to  the  common  council,  when  in  its 
opinion  the  public  interests  require  the  sale  of  any  school-house,  the 
purchase  or  lease  of  any  land  or  building  for  a  school-house,  and 
when  authorized  thereto  by  an  ordinance  of  the  common  council,  the 
board  of  contract  and  supply  may  make  such  sale,  purchase  or  lease 
in  the  manner  in  this  act  provided  ;  and  it  may  recommend  to  the 
common  council  the  erection  of  any  school  building ;  and  when 
authorized  thereto  by  an  ordinance  of  the  common  council,  the  board 
of  contract  and  supply  may  erect  such  buildings  in  the  manner  and 
upon  the  conditions  prescribed  in  this  act.  {Added  by  /..  1902, 
C/i.  560). 

§  247.  School  moneys — All  jKiblic  money  apportioned  or 
appropriated  to  or  for  the  city,  or  to  or  for  any  of  the  school  districts 
therein,  or  for  the  school  libraries,  shall  be  paid  by  the  proper  officers 
to  the  treasurer,  and  in  the  accounts  kept  by  him  shall  be  credited  to 
the  department  of  public  instruction  and  jjaid  out  by  him  upon  bills 
properly  allowed  and  audited  in  the  same  manner  as  obtains  in  the 
case  of  other  bills  against  the  city.      {Added  by  d.  1902,  C/i.  560). 

Provisions  not  to  apply  to  Rochester  or  Syracuse — All  acts 
or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed,  but  such  repeal  shall  not  afifect  any  right  already  existing  or 
accrued,  or  any  liability  incurred  prior  to  the  passage  of  this  act ;  nor 
shall  anything  in  this  act  be  construed  to  affect  or  repeal  the  existing 
law  with   reference   to   union   free  school,  district  number  one  of  the 


City  of  Rochester  161 


White  Charter 


former  town  of  Lansingburgh,  but  the  provisions  of  this  act  shall  not 
apply  to  the  cities  of  Rochester  and  Syracuse.  (Z.  1902,  Ch. 
560,    §  3). 

Note — The  Statutory  Revision  Commission  of  the  State  of  New  York 
(1890-1900)  proposed  as  Chapter  XXIII  of  their  scheme  of  General  Laws,  "  The 
Education  Law,"  which  was  to  include  the  University  Law  (L.  1892,  Ch.  378,  as 
amended),  the  Consolidated  School  Law  (L.  1894,  Ch.  556,  as  amended)  and 
other  existing  laws  on  the  subject  of  education.  The  said  "  Education  Law  "  was 
never  adopted.  Provisions  as  to  the  Regents  of  the  University  of  the  State  of 
New  York  are  to  be  found  in  the  University  Law  above  noted.  The  titles 
covered  by  the  Consolidated  School  Law,  as  it  exists,  are  as  follows : 

Title  I.  State  Superintendent  of  Public  Instruction. 

II.  State  School  Moneys  and  their  Apportionment. 

III.  Supervisors. 

IV.  Town  Clerks. 

V.  School  Commissioners. 

VI.  School  Districts. 

VII.  School  Meetings. 

VIII.  Union  Free  Schools. 

IX.  School  House  Sites. 

X.  Teachers'  Institutes. 

XL  Teachers'  Training  Classes. 

XII.  State   Scholarships  in  Cornell   University. 

XIII.  Common   School  and  Public   Libraries. 

XIV.  Appeals  to  Superintendent  of  Public  Instruction. 

XV.  Miscellaneous  Provisions — Including  Forfeiture  of  School  Moneys, 
Changes  in  Text  Books,  Contracts  with  Teachers,  Drawing. 
Music,  Industrial  Training,  Kindergarten.  Arbor  Day,  Schools 
for  Orphans,  Indians  and  Colored  Children. 

XVI.     Compulsory  Education  of  Children. 


10*2  Charier   Law  ok  thk 

School   Law 


SCHOOL    LAW    OF    ROCHESTER 

The  department  of  public  instruction  in  Rochester  is  conducted 
by  a  corporate  body  entitled  "  The  Board  of  Education  of  the  City  of 
Rochester,"  which  is  composed  of  five  commissioners  of  schools, 
elected  at  large  by  the  electors  of  the  city.  The  school  law  of  Roch- 
ester is  the  so-called  "  Dow  Law"  (L.  1898.  Ch.  660  ;  amended  L. 
1899.  Ch.  139  ;  L.  1900,  Ch's.  309  and  535  ;  L.  1901.  Ch's.  106 
and  727).  which  is  an  amendment  of  sections  1 23-141.  inclusive,  of  the 
"Old  Charter"  of  Rochester  (L.  1880.  Ch.  14).  The  said  Rochester 
School  Law.  includini;  the  amendments  of  1903,  is  as  follows: 

Old  Charter 


§  123.  Board  of  education — The  com- 
missioners of  common  schools,  in  said  city, 
shall  constitute  a  board,  to  be  styled  "  The 
Board  of  Education  of  the  City  of  Rochester," 
which  shall  be  a  corporate  body  in  relation  to 
all  the  powers  and  duties  conferred  upon  it  by 
virtue  of  this  act.  The  said  board  shall  meet 
on  the  first  Monday  of  each  and  ever)'  month 
and  at  such  other  times  as  it  shall  from  time  to 
time  appoint.  Special  meetings  shall  be  called 
by  the  secretary  upon  order  of  the  president  or 
upon  request  of  a  majority  of  the  said  board. 
A  majority  of  said  board  shall  constitute  a  quo- 
rum for  the  transaction  of  business.  In  the 
absence  of  a  quorum,  a  minority  of  said  board 
may  adjourn  a  meeting  from  day  to  day.  Said 
board  shall,  at  the  first  regular  meeting  in  Jan- 
uary of  each  year,  elect  one  of  its  members 
president,  who  shall,  when  present,  preside  at 
all  its  meetings.  In  the  absence  of  the  presi- 
dent, the    said   board    shall    elect  some  other 


City  of  Rochestkr  163 


Old  Charter 


member  to  preside  at  such  meetings  and  to  per- 
form the  duties  of  the  president  during  such 
absence.  On  and  after  the  first  day  of  Janu- 
ary, nineteen  hundred,  the  board  of  education 
of  the  city  of  Rochester,  shall  be  composed  of 
five  commissioners  of  schools  to  be  elected 
by  the  electors  of  the  city  at  large  ;  and  at  the 
city  election  to  be  held  in  eighteen  hundred  and 
ninety-nine,  there  shall  be  elected  by  the  elec- 
tors of  the  city  at  large,  five  commissioners  of 
schools,  three  of  whom  shall  be  elected  for  a 
term  of  two  years  each,  and  the  other  two  of 
whom  shall  be  elected  for  the  terms  of  four 
years  each.  Their  terms  of  office  shall  com- 
mence on  January  first,  nineteen  hundred.  At 
the  biennial  cit}'  election  to  be  held  in  the  city 
of  Rochester  next  preceding  the  expiration  of 
the  terms  of  any  of  said  commissioners  of 
schools,  their  successors  shall  be  elected  for 
terms  of  four  years  each.  In  case  a  vacancy 
shall  occur  in  the  office  of  a  member  of  the 
board  of  education,  for  any  cause,  the  mayor 
of  said  city  shall  fill  such  vacancy  by  the  ap- 
pointment of  a  suitable  person  ;  and  the  person 
so  appointed  shall  hold  office  by  virtue  of  such 
appointment  until  and  including  the  thirty-first 
day  of  December  following  the  next  succeeding 
biennial  city  election,  at  which  election  a  com- 
missioner of  schools  for  the  unexpired  term 
shall  be  elected  by  the  city  at  large.  Said 
commissioners  shall  receive  an  annual  compen- 
sation of  twelve  hundred  dollars  each,  to  be  paid 
monthly  from  the  contingent  fund  of  said  board 
of  education,  as  other  salaries  of  school  officers 
are  paid.     (As  a  tn  en  Jed  I..  1901.    C/i.   727). 

The  Dow  law  accomplished  a  complete  re- 
vision and  established  a  practical  coditication 

of  llie  public  sch«n)l  system  oi  Koci  cstt-r — I'eople  e.\ 
rel.  Noyes  vs.  Board  of  Fldm  ation.  55  .App.  Hiv.  20";. 
(Nov.  i<)00). 

i^    124.     Removal  of  members  of  board 

by  mayor — Any  member  of  the  said  board  of 
education  may  be  removed  by  the  mayor  of  tlie 
said   city  upon  proof,  either  of  official  miscon- 


164  Charter  Law  ok  the 

Old  Charter 


duct  in  office,  or  of  negligence  of  official  duties, 
or  of  conduct  in  any  manner  connected  with  his 
official  duties,  which  tends  to  discredit  his  office 
or  the  school  system,  or  for  mental  or  physical 
inability  to  perform  his  duties  as  a  member  of 
said  board  ;  but  before  such  removal  of  said 
member  he  shall  receive  due  and  timely  notice 
in  writing  of  the  charges  against  him,  and  a 
copy  thereof,  and  shall  be  entitled  to  a  hear- 
ing, on  like  notice,  before  the  mayor,  and  to  the 
assistance  of  counsel  on  said  hearing.  (Z. 
1898,   Ch.  660). 

§  125.     Commissioners' districts — The 

said  board  shall,  for  the  more  effective  over- 
sight and  control  of  the  public  schools  of  said 
city,  and  for  the  purposes  prescribed  in  this  act, 
at  the  first  meeting  of  the  said  board  after  this 
act  takes  effect,  and  the  first  meeting  of  the  said 
board  in  each  fiscal  year  thereafter,  divide  all 
the  schools  of  the  city  into  as  many  commis- 
sioners' districts  as  there  shall  be  members  of 
the  said  board,  and  shall  assign  one  such  dis- 
trict to  each  commissioner,  who  shall  have  spe- 
cial supervision  thereof.  {Repealed by  L.  1900, 
Ch.   535  ;  same  7-epeal  L.    1901,  Ch.  106). 

§  126.     General  duties  of  board  of  edu= 

cation — The  said  board  of  education  shall 
manage,  control,  maintain  and  provide  for  the 
public  schools  of  said  city,  and  the  public 
school  system  thereof,  and  shall  manage  and 
control  the  property,  real  and  personal,  which 
shall  belong  to  the  said  city  and  be  used  for  the 
purposes  of  education,  subject  only  to  the  gen- 
eral statutes  of  the  state  relating  to  public 
schools  and  public  school  instruction  and  to  the 
provisions  of  this  act.     (Z.    1898,  Ch.  660). 

See  note  under  §  2 1  White  Charter,  thi?  book, 
page  33- 

^    127.     Specific    duties    of    board    of 
education — The  said  board  shall  have  power  : 

I .  Establishment  of  schools  and  classes 
— To  establish  kindergartens,  common  schools, 
one  or    more    high   schools,    manual    training 


City  of  Rochester  165 

Old  Charter 


schools  or  classes,  evening  classes  or  schools 
for  special  studies,  training  school  or  classes 
for  teachers,  and  truant  schools,  and  shall  have 
power  to  discontinue  or  consolidate  schools. 
Any  training  school  or  high  school,  heretofore 
established  and  maintained  by  the  public 
school  authorities  and  registered  as  high  schools 
by  the  regents  of  the  state  of  New  York,  shall 
be  maintained  in  full  efficiency.  The  said  high 
schools  shall  be  so  organized  as  to  furnish  the 
benefit  of  further  education  to  pupils  of  both 
sexes  who  shall  have  finished  the  grammar 
school  course,  and  to  other  residents  of  school 
age  equally  prepared,  and  the  said  board  shall 
have  power  to  make,  from  time  to  time,  for  the 
said  high  schools,  all  needful  rules  and  regula- 
tions, and  to  prescribe  conditions  on  which 
pupils  shall  be  received  and  instructed  therein 
and  discharged  therefrom.    (Z.  1898.  67/.  660). 

2.  Changixo  grades  and  courses  of 
STUDY — To  change  the  grades  of  all  schools, 
or  of  any  school,  and  of  all  classes  of  any  high 
school  or  other  schools  under  its  charge,  and 
to  adopt  and  modify  courses  of  study  therefor. 
(As  amended  L.  igoo,  Ch.  535;  same  amend- 
ment L.  1 90 1,   C7i.  106). 

3.  Fixing  qualification  of  teachers — 
To  fix  a  standard  of  qualification  as  a  neces- 
sary requirement  for  the  service  of  all  princi- 
pals and  teachers  in  the  high  schools  and  other 
schools  of  the  city  ;  which  requirement  may  be 
higher,  but  not  lower,  than  the  minimum  qual- 
ifications required  by  the  general  laws  of  the 
state  and  the  pro\isi()ns  of  this  act.  (/.  1898. 
C/i.  660). 

4.  Purchasing  school  pkoi'krtv  and 
supi'LiEs — As  herein  provided,  to  purchase, 
lease  or  improve  sites  for  school  houses ;  to 
build,  purchase,  lease,  enlarge,  improve,  alter 
and  repair  school  houses  and  their  appurte- 
nances ;  to  purchase,  improve,  exchange  and 
repair  school  apparatus,  books,  furniture  and 
appendages ;  to  procure  fuel   and   defray  the 


IGG  Charter  Law    oi     ihk 

Old  Charter 


contingent  expenses  of  the  schools  under  its 
control  ;  to  pay  the  wages  of  all  officers,  prin- 
cipals, teachers  and  employees  in  the  said  de- 
partment of  education,  as  herein  provided. 
(Z.  1898,  Ch.  660). 

5.  Appointment  of  okficers — To  ap- 
point as  herein  provided : 

a.  A  secretary  of  the  board  of  education, 
who  shall  serve  during  the  pleasure  of  the 
board.     (Z.  1898,  Ch.  660). 

b.  A  superintendent  of  public  schools, 
whose  term  of  office  shall  be  four  years. 
{L.  1898,  Ch.  660). 

c.  A  librarian,  whose  term  of  office  shall 
be  two  years.     (Z.  1898,  Ch.  660). 

d.  A  supervising  architect  of  experience 
and  good  standing  in  his  profession,  who  shall 
serve  during  the  pleasure  of  the  board.  (Z. 
1898,  Ch.  660). 

e.  All  school  principals  and  teachers. 
(Z.  1898,  Ch.  660). 

See  note  under  §  2  on  page  183  this  book. 

f.  All  janitors  and  truant  officers,  subject 
however,  to  the  restrictions  imposed  by  the 
general  laws  of  the  state.     (Z.  1898,  Ch.  660). 

g.  A  policeman,  who  shall  hold  his  office 
during  the  pleasure  of  said  board,  and  whose 
salaiy  shall  be  fixed  and  paid  by  the  board  of 
education  from  the  funds  raised  for  its  use,  and 
who  shall  have  the  same  powers  as  the  other 
policemen  of  said  city,  and  shall  perform  such 
duties  as  said  board  of  education  mav  impose. 
(Z.  1898,  Ch.  660). 

h.  Such  other  officers,  clerks,  subordi- 
nates and  employees  as  it  may  deem  neces- 
sary for  the  proper  discharge  of  its  administra- 
tive duties.     (Z.  1898,  Ch.  660). 

6.  FiLi.ixc  VACANCIES — To  fill  any  vacan- 
cies which  may  occur  in  any  of  the  offices  or 
positions  in  this  section  provided  for.  (Z.  1898, 
Ch.  660). 


City  of  Rochester  167 

Old  Charter 

7.  Non-resident  pupils — To  allow  the 
children  of  persons  not  resident  within  the 
city,  to  attend  any  of  the  schools  of  said  city, 
under  the  care  and  control  of  said  board,  upon 
such  terms  as  said  board  shall  by  resolution 
prescribe,  fixing  the  tuition  which  shall  be  paid 
therefor.     (Z.  i8g8,  Ch.  660). 

8.  Adoption  of  ordinances — Subject 
to  the  provisions  of  law  and  of  this  act. 
to  enact  rules  and  regulations  for  the  proper 
execution  of  all  duties  devolved  upon  said 
board ;  its  members  and  committees ;  for 
the  transaction  of  all  business  pertaining  to 
the  same ;  for  defining  the  duties  of  all  its 
officers,  clerks,  superintendent,  principals,  teach- 
ers, examiners,  subordinates  and  employees  ; 
for  regulating  the  manner  of  making  disburse- 
ments from  any  of  the  funds  appropriated  for 
school  purposes  ;  for  the  proper  execution  of 
all  powers  vested  in  it  by  law  and  for  the  pro- 
motion of  the  welfare  and  best  interests  of  the 
public  schools  and  public  school  system  of 
the  city  in  the  matters  committed  to  its 
care.     (Z.  1898,  Ch.  660). 

§  128.  Regulating  salaries — The  said 
board  of  education  shall  fix  and  regulate, 
within  the  proper  appropriation  of  money 
therefor,  the  salaries  and  compensation  of 
each  of  the  persons  appointed  by  it  to  any 
office,  place  or  position,  pursuant  to  the  pow- 
ers granted  by  the  preceding  section.  (Z. 
1898,  Ch.  660). 

§  129.  Annual  report  of  state  super- 
intendent—  The  said  board  of  education  shall, 
between  the  first  day  of  August  and  the 
thirtieth  day  of  September,  in  each  year,  make 
and  transmit  to  the  state  superintendent  of  pub- 
lic instruction,  a  report  in  writing  for  the  state 
school  year  ending  on  the  next  preceding  thirty- 
first  day  of  July,  which  report  shall  be  in  such 
form  and  shall  state  such  facts  as  the  state 
superintendent  and  the  school  laws  of  the  state 
shall  require.     (/.  189S.  Ch.  660). 


168  Charter  Law  ok  thk 

Old  Charter 


§  129a.  Monthly  report  in  newspa= 
pers — It  shall  be  the  duty  of  said  board  to 
publish,  as  hereinafter  provided,  in  one  of  the 
daily  papers  of  said  city,  a  report  of  the  final 
proceedings  of  said  board  for  the  preceding 
month.     (Z.  1898,  Ch.  660). 

§  130.    Annual  report  to  common coun= 

cil — It  shall  be  the  duty  of  said  board  to  pre- 
pare and  transmit,  within  ten  days  preceding 
the  close  of  the  fiscal  year,  to  the  common 
council,  correct  statements  of  the  receipts  and 
disbursements  of  money  under  and  in  pursu- 
ance of  provisions  of  this  act  during  said  fiscal 
year,  in  which  account  shall  be  stated,  under 
appropriate  heads  : 

I.  The  moneys  raised  by  the  common 
council  under  the  provisions  of  this  act.  (Z. 
1898,  Ch.  660). 

2.  The  school  moneys  received  by  the  city 
treasurer  from  the  county  treasurer  or  the 
state.     (Z.  1898,  Ch.  660). 

3.  All  other  moneys  received  by  the  cit}-' 
treasurer,  subject  to  the  order  of  the  board 
specifying  the  same,  and  the  sources  thereof. 
(Z.  1898.  Ch.  660). 

4.  The  manner  in  which  such  sums  of 
money  shall  have  been  expended,  specifying 
the  amount  paid  under  each  head  of  expendi- 
ture, and  whether  any  part  of  any  such  fund 
remains  unexpended.      (Z.  1898,  Ch.  660). 

5.  Whether  any  and  what  claims  or  bills 
against  the  department,  or  obligations,  in- 
curred by  said  department  remain  unpaid. 
(Z.  1898.  Ch.  660). 

6.  The  said  board  shall  also  at  the  same 
time  certify  to  the  common  council  the  total 
number  of  persons  registered  as  pupils  in  the 
public  schools  of  the  said  city  during  the 
current  fiscal  year.     (Z.  1898,  Ch.  660). 


City  of  Rochester  169 


Old  Charter 


§   131.     Annual  estimates  to  common 

council — It  shall  he  ihc  duty  of  said  board  of 
education  to  certify  on  or  before  the  first  day- 
of  March  of  each  year,  to  the  common  council, 
an  estimate  of  the  amount  of  money  required 
to  maintain  the  department  of  education  for 
the  current  year,  specifying  in  detail  the 
objects  thereof,  under  appropriate  heads : 

I.  For  salaries  of  teachers;  2.  For 
buildings,  including  purchase  of  sites  ;  3.  For 
repairs;  4.  For  library:  5.  For  contin- 
gent expenses.     (Z.  1898,  Ch.  660). 

§    132.     Annual         appropriation        of 

school  moneys — The  common  council  shall 
have  power  and  it  shall  be  its  duty,  if  the  said 
estimate,  certified  by  the  board  of  education, 
as  herein  provided,  shall  not  exceed  in  amount 
a  sum  equal  to  twenty-five  dollars  per  capita, 
based  on  the  total  number  of  persons  enrolled  as 
pupils  in  the  public  schools  in  said  city,  for 
the  year  ending  on  the  thirty-first  day  of 
December,  next  preceding  the  levying  of  the 
general  city  taxes  in  each  year,  to  appropriate 
and  raise  by  tax  to  be  levied  equally  upon  the 
real  and  personal  estate  in  said  city,  which 
shall  be  liable  to  taxation  for  the  ordinary  city 
taxes  or  for  the  cit)-  and  county  charges,  such 
sum  or  sums  of  money,  so  certified  to 
be  necessary  for  the  maintenance  of  the 
department  of  education  and  to  defray  the 
expenses  of  the  said  department ;  but  if  the 
total  amount  of  said  estimate  shall  exceed  in 
amount  a  sum  equal  to  twent}'-five  dollars  per 
capita,  based  upon  the  total  number  of  persons 
so  enrolled  as  pupils  as  aforesaid,  then  the 
common  council  may  in  its  discretion,  appro- 
priate and  raise  by  tax,  as  herein  provided, 
any  sum  not  greater  than  the  estimate  so  cer- 
tified and  not  less  than  twenty-five  dollars  per 
capita,  based  on  said  total  number  of  persons 
so  enrolled  as  pupils  as  aforesaid,  provided 
nevertheless,  that  the  tax  to  be  levied  as  afore- 
said and  collected  b\-  virtue  of  this  act  shall  be 


170  Cjiakikr   Law  ok    the 

Old  Charter 


collected  at  the  same  time  and  in  the  same 
manner  as  other  city  taxes,  and  the  common 
council  of  said  city  are  authorized  and  directed, 
when  necessary,  to  raise  by  loan  in  anticipa- 
tion of  the  taxes,  the  amount  to  be  raised, 
collected  and  levied  as  aforesaid  or  any  part 
thereof.     (Z.  1898,  Ch.  660). 

§   133.     Certificate    of   amount    to    be 

appropriated  —  It  shall  be  the  duty  of  the 
common  council  within  fifteen  days  after 
receiving  the  certificate  of  the  board  of  edu- 
cation hereinbefore  required,  of  the  sum  neces- 
sary' or  proper  to  be  raised  for  school  pur- 
poses, to  determine  and  certify  to  said  board 
of  education  the  amount  that  will  be  raised 
by  them  for  the  year  commencing  on  the  first 
day  of  the  preceding  January  for  the  purposes 
mentioned  in  said  certificate.  'J'he  amount 
raised  for  school  purposes  shall  constitute  five 
separate  and  distinct  funds  namely :  Teach- 
ers' fund,  contingent  fund,  building  fund, 
repair  fund  and  library  fund,  and  in  case  the 
said  common  council  shall  neglect  or  fail  to 
certifv  to  the  board  of  education,  as  above 
specified,  the  amount  that  will  be  raised  by 
them  within  thirty  days,  then  the  said  common 
council  shall  raise  the  several  amounts  em- 
braced in  the  certificate  of  the  board  of 
education,  as  specified  therein,  which  amount 
shall  be  subject  to  the  disposal  of  the  board 
of  education.     (/.  1898,  Ch.  660). 

$   134.     Apportionment    of    appropria- 

tions--lf  the  sum  appropriated  for  the  depart- 
ment of  education,  as  provided  in  section  one 
hundred  and  thirty-three,  shall  be  less  than 
the  total  amount  certified  by  the  said  board  in 
said  estimate,  it  shall  be  the  duty  of  said 
board,  within  fifteen  days  after  receiving  the 
certificate  of  the  common  council  of  the  sum 
appropriated  by  said  common  council  for  the 
department  of  education,  to  apportion  the  said 
sum    to  the   teachers'  fund,   the  building  fund. 


City  of   Rochester  171 


Old  Charter 

the  repair  fund,  the  Hbrary  fund  and  the  con- 
tingent fund,  and  to  certify  such  apportionment 
to  the  common  council  ;  the  said  apportion- 
ment so  certified  shall  constitute  the  teachers' 
fund,  building  fund,  repair  fund,  library  fund 
and  contingent  fund  for  the  then  current  year, 
provided  however,  that  in  such  apportionment 
to  such  funds,  the  amount  apportioned  to  any 
fund  shall  not  exceed  the  amount  originally 
certified  as  necessary  to  be  raised  for  such 
fund.     (Z.  1898.  Ch.  660). 

§  135.  Appropriations  not  to  be  ex= 
ceeded — It  shall  be  the  duty  of  said  board,  in 
all  their  expenditures  and  contracts,  to  have 
reference  to  the  amount  of  moneys  which  shall 
be  subject  to  their  order  during  the  then  cur- 
rent year  for  the  particular  expenditure  in 
question,  and  not  to  exceed  that  amount :  and 
they  shall  apply  the  moneys  raised  and  re- 
ceived by  them  for  the  support  of  the  common 
schools  in  said  city,  in  such  a  manner  as  shall 
secure  as  nearly  as  may  be  an  equal  period  of  in- 
struction to  all  the  children  over  five  and  under 
twenty-one  years  of  age.     (Z.  1898.  Ch.  660). 

§  136.     Deficiencies     may    be    met — If 

before  the  expiration  of  the  fiscal  year,  it 
shall  appear  that  any  sum  or  sums  raised  by 
the  common  council  for  the  board  of  educa- 
tion will  be  inadequate  to  maintain  the  depart- 
ment of  education  to  the  expiration  of  such  fi.scal 
year,  the  common  council  shall  have  power  and 
may,  upon  application  of  the  board  of  educa- 
tion, borrow  on  the  credit  of  said  citv  such 
sum  as  it  may  deem  necessary  to  maintain  said 
department  of  education  until  the  end  of  such 
fiscal  year,  and  shall  apportion  such  moneys 
to  the  several  funds  maintained  for  the  benefit 
of  such  department.      (/,.  1898.  Ch.  660V 

>J  137.  School  moneys  in  custody  of 
city  treasurer — All  moneys  to  be  raised  pur- 
suant to  the  provisions  of  this  act  and  all 
school  moneys  by  law   appropriated   to  or  pro- 


172  Chaktkr  Law  ok  the 

Old  Charier 

vided  for  said  city,  shall  be  paid  to  the  city 
treasurer  thereof,  who,  together  with  the  sure- 
ties upon  his  official  bond,  shall  be  account- 
able therefor  in  the  same  manner  as  for  other 
moneys  of  said  city.  The  said  city  treasurer 
shall  be  liable  to  the  same  penalties  for  any 
official  misconduct  in  relation  to  said  moneys, 
as  for  any  similar  misconduct  in  relation  to 
other  moneys  of  said  city.     (Z.  1898,  Ch.  660). 

§    138.     Construction  and  enlargement 

of  school  buildings — Whenever  the  board  of 
education  siiall  determine  to  build  or  enlarge 
a  school  building,  it  shall  cause  plans  and  spec- 
ifications to  be  prepared  therefor,  and  shall 
submit  the  same  to  the  board  of  health  for 
approval  as  to  sanitary  provision.  The  board 
of  health  shall  thereupon  and  within  ten  days 
thereafter  certify  in  writing  to  the  board  of 
education  its  approval  or  disapproval  of  such 
plans  and  specifications,  and  upon  the  failure 
of  the  board  of  health  to  so  certify,  then  such 
plans  and  specifications  shall  be  deemed  to  be 
approved  by  the  board  of  health.  {As  amend- 
ed L.  1900,  Ch.  535  ;  same  amc/idme/if  L. 
190 1,  Ch.  106). 

§   139.     Contracts  for  work  and  sup= 

plies — \Vhenever  such  board  of  education 
shall  build,  enlarge,  repair,  furnish  or  supply 
any  school  building  or  buildings,  or  publish 
reports  of  its  proceedings,  at  an  estimated 
expense  of  not  less  than  fifty  or  more  than  two 
hundred  and  fifty  dollars,  it  shall  be  the  duty 
of  the  officials  having  jurisdiction,  to  procure 
estimates  of  such  work  or  supplies  from  two 
or  more  competitors,  wherever  practicable,  and 
report  such  estimates  to  the  board  for  its  con- 
sideration and  action.  \Mienever  such  board 
shall  build,  enlarge,  repair,  furnish  or  supply 
any  school  building  or  buildings,  or  make  any 
improvements  or  repairs  or  purchase  any  sup- 
plies, or  publish  reports  of  its  proceedings,  the 
cost  of  which  will  exceed  two  hundred  and  fifty 
dollars,  the  board  shall  proceed  as  follows  : 


City  of  Rochester  173 


Old  Charter 


a.  Said  board  shall  advertise  for  bids  for 
the  period  of  two  weeks,  at  least  twice  in  each 
week,  in  two  newspapers  published  in  the  city 
of  Rochester,  and  which  resolution  providing 
for  the  same  shall  be  entered  in  full  by  the 
clerk  on  the  record  of  proceedings  of  said 
board.     (Z.  1898.  Ch.  660). 

b.  The  bids,  duly  sealed  up,  shall  be  filed 
with  the  clerk  by  twelve  o'clock,  noon,  of  the 
last  day,  as  stated  in  the  advertisement.  (Z. 
1898,  Ch.  660). 

c.  The  bids  shall  be  opened  at  the  next 
meeting  of  the  board  and  publicly  read  by 
the  clerk.     (Z.  1898,  Ch.  660). 

d.  Each  bid  shall  contain  the  name  of 
every  person,  firm  or  corporation  interested  in 
the  same,  and  shall  be  accompanied  by  a  suf- 
ficient guarantee  of  some  disinterested  person, 
that  if  the  bid  is  accepted,  a  contract  will  be 
entered  into  and  the  performance  of  it  prop- 
erly secured  by  bonds  duly  approved.  (^As 
amended  L.  1900,  Ch.  535  ;  same  amoidDioit 
L.  1 90 1,  Ch.  106). 

e.  If  the  work  bid  for  embraces  both 
labor  and  materials,  each  must  be  separately 
stated,  with  price  thereof.  (^Repealed  by  Z. 
1900,  Ch.  535  ;  same  repeal  L.  190 1,  Ch.  106). 

f.  The  board  may,  in  its  discretion,  accept 
any  bid  for  both  labor  and  material  which  shall 
be  most  advantageous  to  the  city,  or  it  may 
reject  any  or  all  bids,  as  the  interest  of  the 
city  may  require.     (Z.  1898,  Ch.  660). 

§  140.  Members  of  board  not  to  hold 
city  office  nor  be  interested   in  contracts 

— No  member  of  said  board  of  education 
shall,  during  the  period  he  holds  said  office,  be 
appointed  to,  or  be  competent  to  hold  any 
office  of  which  the  emoluments  are  paid  from 
the  city  treasury,  or  paid  by  any  fees  directed 
to    be    paid    by  any  act    or  ordinance   of  the 


174  Charter  Law   of  thk 

Old   Charter 


board  of  education,  or  be  directly  or  indirectly 
interested  in  any  contract  as  principal,  surety 
or  otherwise,  or  the  furnishing  of  any  mate- 
rials or  supplies  for  the  city  of  Rochester, 
directly  or  by  another  person,  the  expenses  or 
consideration  whereof  are  to  be  paid  under 
any  ordinance,  resolution  or  order  of  the  board 
of  education.  No  member  of  said  board  shall 
vote  for  the  payment  of  any  such  bill  for  ma- 
terials or  supplies  after  notice  that  any  mem- 
ber of  said  board  is  interested  therein  or  in 
the  payment  thereof.  Any  violation  of  this 
section  shall  be  deemed  a  misdemeanor  and 
punishable  as  such.     (Z.  1898,  Ch.  660). 

City  officers   not  to  be  interested    in  con  = 
tracts — White  Charter,  §  455.  this  l)ook, /cj/. 

§    140a.     Custody  of  school  libraries — 

The  said  board  of  commissioners  shall  be 
trustees  of  the  school  library  or  libraries  in 
said  city,  and  all  the  provisions  of  the  law 
which  are  now  or  hereafter  may  be  passed 
relative  to  the  district  school  libraries,  shall 
apply  to  the  said  commissioners.  They  shall 
also  be  vested  with  the  same  discretion  as  to 
the  disposition  of  all  moneys  appropriated  by 
any  law  of  this  state  for  the  purchase  of  libra- 
ries which  is  therein  conferred  upon  the  in- 
habitants of  school  district.s.  It  shall  be  their 
duty  to  provide  for  the  safe  keeping  of  the 
library  or  libraries.     (Z.  1898,  Ch.  660). 

$5  140b.  Duties  of  secretary  and  min- 
utes of  board  —  The  secretary  of  the  said 
board  shall  have  charge  of  the  rooms,  books, 
papers  and  documents  of  the  board,  except 
such  as  pertain  to  the  oflFice  and  duties  of  the 
superintendent.  He  shall  perform  such  duties 
as  may  be  required  of  him  by  the  board,  its 
committees  or  members.  He  shall  have  right 
to  administer  oaths  and  take  acknowledgments, 
but  without  fee.  He  shall  be  clerk  of  the 
board,  and  shall  keep,  or  cause  to  be  kept,  a 
record  of  the  proceedings   thereof.     He   shall 


City  of  Rochester  175 


Old  Charter 


also  keep  or  cause  to  be  kept  a  set  of  records 
showing  the  receipts  and  expenditures  sepa- 
rately through  each  of  the  different  funds  of 
the  school  board.  Said  expenditures  through 
each  and  every  fund  shall  be  subdivided  so  as 
to  show  the  cost  of  maintaining  each  school 
separately  and  the  supplies  used  therein.  He 
shall  also  keep  or  cause  to  be  kept  a  series  of 
receipts  to  be  signed  by  either  the  principals 
or  janitors  certifying  to  all  repairs  and  im- 
provements made  and  all  supplies  received  for 
their  respective  school  buildings  and  premises. 
The  printed  record  of  said  board,  or  a  tran- 
script thereof,  certified  by  the  president  or  clerk, 
shall  be  received  in  all  courts  as  prima  facie 
evidence  of  the  facts  therein  set  forth,  and 
such  records,  and  all  the  books,  accounts, 
vouchers  and  papers  of  said  board  shall  at  all 
times  be  subject  to  the  inspection  of  the  com- 
mon council  and  of  any  committee  thereof. 
He  shall  also  collect  and  pay  into  the  city 
treasur)'  monthlv  all  tuition  fees.  (Z.  1898, 
Ch.  660). 

§  140c.  Qualifications  of  superintend- 
ent— To  be  eligible  to  the  position  of  super- 
intendent, an  applicant  must  be  a  gradu- 
ate of  a  college  or  university  recognized  by 
the  regents  of  the  state  of  New  York,  together 
with  at  least  ten  years  successful  experience 
as  a  practical  educator.     (/.  1S98,  Ch.  660). 

5?  i4od.  Powers  and  duties  of  super- 
intendent—  The  superintendent  has  power 
and  it  is  his  duty  to  enforce  the  laws  of  the 
state  applicable  to  the  public  schools  of  the 
city  of  Rochester,  and  all  the  rules  and  regu- 
lations of  the  said  board  of  education,  except 
as  herein  provided.  He  shall  visit  the  schools 
of  the  city  as  often  as  he  can  consistentlv  with 
his  other  duties,  and  incjuire  into  the  ciiaracter 
of  the  instruction,  management  and  discipline, 
and  shall  advise  and  encourage  the  pupils, 
teachers  and  officers  thereof.  He  shall  pre- 
scribe, subject  to  the  rules  of  the   board,  and 


176  Charter  Law  ok   ihk 

Old  Charter 

Duties  of  superintendent — Continued 

the  provisions  herein,  suitable  registers,  blanks, 
forms  and  regulations  for  making  of  all 
reports  and  for  conducting  all  necessary  bus- 
iness connected  with  the  school  system  and 
he  shall  cause  the  same,  with  such  informa- 
tion and  instructions  as  he  shall  deem  con- 
ducive to  the  proper  organization  and  govern- 
ment of  the  schools,  to  be  transmitted  to  the 
persons  entrusted  with  the  execution  of  the 
same.  He  shall  report  to  the  said  board, 
from  time  to  time,  as  he  may  be  required  or 
as  he  may  deem  necessar}^,  a  statement  of  the 
condition  of  the  schools,  and  all  such  matters 
relating  to  his  office,  and  such  plans  and  sug- 
gestions for  the  improvement  of  the  schools 
and  for  the  advancement  of  public  instruction 
in  the  city  of  Rochester  as  he  shall  deem  expe- 
dient. He  may  appoint  and  define  the  duties 
of  such  clerks  as  are  authorized  by  the  board. 
He  shall  have  the  recommendation  of  the 
number  of  teachers  necessary  for  each  of  the 
several  schools.  He  shall  assign  supply  teach- 
ers to  duty  whenever  occasion  requires,  and 
may  transfer  temporarily  principals,  teachers 
and  pupils  from  one  school  to  another.  It  shall 
be  his  duty  to  maintain  proper  discipline  in 
the  management  and  conduct  of  the  schools, 
and  he  may,  in  his  discretion,  suspend  or  ex- 
pel any  pupil  guilt}'  of  misconduct  or  insubor- 
dination, and  may  suspend  for  cause  any 
teacher,  principal  or  employee.  He  shall  im- 
mediately report  such  discipline  to  the  board. 
It  shall  be  his  duty  to  report  to  the  board 
inefficiency  on  the  part  of  principals,  teachers 
or  employees.  He  shall  nominate  special  teach- 
ers and  supervisors.  He  shall  enforce  the 
compulsory  education  law  and  direct  truant 
officers  in  the  discharge  of  their  duties.  He 
shall  maintain  his  office  in  such  buildings  as 
the  board  may  direct,  and  he  shall  not  be  re- 
quired to  perform  any  duty  except  such  as 
relates  to  the  educational  work  of  the  depart- 
ment.    (Z.  1898,  Ch.  660). 


City  of   Rochester 


Old  Charter 


§  i4oe.  Powers  of  principals — A  prin- 
cipal, under  the  general  supervision  of  the 
superintendent,  shall  have  the  direction  of  the 
school  over  which  he  is  placed,  shall  assign 
the  teachers  to  their  respective  grades  in  the 
school,  and  direct  them  as  to  methods  of  in- 
struction and  discipline.  He  may  suspend  any 
teacher  for  a  definite  time  for  ineificiency  or 
insubordination.  He  shall  report  immediately 
such  suspension,  with  reasons  therefor,  to  the 
superintendent.     (Z.  1898.  Ch.  660). 

Position  of  principal  not  within  classified 
civil  service  and  veterans  not  protected — In  re  Sam- 
uel C.  Pierce  vs.  Board  of  Education  of  Rochester, 
affirmed,  App.  Div.,  Nov.  24th.  1903.  at  this  date  not 
reported. 

§  i4of.  Powers  of  librarian — The  libra- 
rian shall  have,  subject  to  the  rules  and  regu- 
lations of  the  said  board,  the  general  direction 
of  the  librar)%  the  custody  and  care  of  the 
books  ;  shall  supervise  the  letting  out  and  the 
return  thereof ;  make  all  purchases  of  books  ; 
have  bound  or  cause  to  be  repaired  the  dam- 
aged books  belonging  thereto ;  appoint  and 
remove,  with  the  approval  of  the  board,  such 
assistants,  clerks  or  employees  as  the  board 
may  authorize  ;  collect  and  account  for  fines 
and  enforce  penalties  which  may  be  incurred 
by  violation  of  regulations  relating  to  the 
library.     (Z.  1898,  Ch.  660). 

§  i4og.  Duties  of  supervising  archi- 
tect— It  shall  be  the  duty  of  the  supervising 
architect,  subject  to  the  rules  and  regulations 
of  the  said  board,  to  inspect  school  buildings, 
prepare  plans  and  specifications  for  new  build- 
ings, annexes  and  repairs  and  to  supervise  the 
construction  thereof.     (Z.  1898,  Ch.  660). 

§  j4oh.  Duties  of  board  of  examin- 
ers— A  board  of  examiners  is  hereby  consti- 
tuted, whose  duty  it  shall  be  to  examine  all 
applicants  for  positions  of  principal  or  teacher 
in  the  public  schools  of  Rochester,  and  to  pre- 
pare an  eligible  list  of  such  applicants  as 
they  may  deem   qualified,  and   as   hereinafter 


C'liARTKR   Law  ok  the 

Old   Charier 


provided,  classified  as  to  position  and  graded 
according  to  scholarship,  character  and  gen- 
"eral  fitness.  Such  board  of  examiners  shall 
consist  of  the  superintendent  together  with 
two  persons  appointed  by  the  said  board  of 
education,  upon  nomination  of  the  superin- 
tendent. The  term  of  service  of  the  two  per- 
sons so  appointed  shall  be  at  the  pleasure  of 
the  said  board  of  education.  'J'hey  shall  be 
paid  such  compensation  for  services  actually 
rendered  as  the  said  board  of  education  shall 
prescribe.  To  be  eligible  to  appointment  as 
examiner,  an  applicant  must  be  (a)  a  graduate 
of  a  college  or  university  recognized  by  the 
regents  of  the  state  of  New  York,  and  a  prac- 
tical educator,  having  had  at  least  five  years 
successful  experience  in  teaching  since  such 
graduation;  or  (b)  must  have  a  state  certifi- 
cate obtained  as  the  result  of  an  examination 
held  since  eighteen  hundred  and  seventy-five 
together  with  at  least  ten  years  successful  ex- 
perience in  teaching,  since  obtaining  such  cer- 
tificate. No  principal  or  teacher  in  the  public 
schools  of  Rochester  shall  be  allowed  to  serve 
on  the  said  board  of  examiners.  The  said 
board  of  examiners  shall  hold  such  examina- 
tions as  the  superintendent  may  prescribe  and 
prepare  the  said  eligible  list.  The  superin- 
tendent shall  report  the  said  list  to  the  said 
board  of  education  and  shall  subscribe  the 
same  into  a  book  which  shall  be  open  to  pub- 
lic inspection.  Any  name  placed  upon  the 
eligible  list  shall  be  entitled  to  remain  thereon 
without  further  examination  for  the  period  of 
two  years,  after  which  the  name  shall  be 
dropped  from  said  list  and  shall  not  be  restored 
thereto  except  after  a  new  examination.  (As 
amended  L.  1900,  Ch.  535  ;  same  avieiidment 
L.  1 90 1,  Ch.  106). 

$  i4oi.  Qualifications  of  principals — 
The  superintcntlcnt  shall  nominate  principals 
for  each  school  from  the  first  ten  names  certi- 
fied by  the  said  board  of  examiners,  as  quali- 
fied for  principalship.      But  no  person  shall  be 


City  of   Rochkstkk  179 

Old  Charter 


appointed  to  the  position  of  principal  of  the  free 
academy  or  high  school  or  of  a  grammar  school, 
or  teacher  in  the  free  academy  or  high  school 
who  has  not  had  two  years  successful  experi- 
ence as  a  teacher  and  who  does  not  possess 
one  of  the  following  qualifications  :  (a)  Com- 
pletion of  a  four  years'  course  in  a  college  or 
high  school  recognized  by  the  regents  of  the 
state  of  New  York,  (b)  completion  of  a  four 
years'  course  in  a  normal  school  recognized  by 
the  state  department  of  public  instruction, 
(c)  holder  of  a  life  certificate  of  this  state 
granted  upon  examination.  The  superintend- 
ent and  the  principal  of  a  school,  shall  consti- 
tute a  board  for  the  nomination  of  teachers  for 
such  school  from  the  first  twenty-five  names 
on  said  eligible  list  for  teachers  ;  but  no  person 
shall  be  appointed  as  teacher  in  a  grammar 
school  or  kindergarten  who  is  not  a  graduate  of 
a  normal  school  after  a  course  of  study  therein 
of  at  least  two  years,  or  has  not  pursued  a 
course  in  pedagogy  in  a  state  training  school 
or  a  cit}'  training  school  for  one  year.  Except 
that  any  graduate  of  the  normal  course  of  the 
Rochester  Athenx'um  and  Mechanics'  Insti- 
tute after  a  course  of  study  therein  of  at  least 
two  years  may  be  appointed  in  any  of  the 
schools  of  said  city  as  teacher  of  manual  train- 
ing, domestic  science,  domestic  art  or  any  of 
the  special  subjects  comprised  in  said  normal 
course  of  said  institute.  The  said  board  of 
education  shall  consider  such  nominations  and 
upon  approval  appoint  the  persons  so  nomi- 
nated. But  any  teacher  in  the  emplov  of  the 
said  department  of  education  at  the  time  of  the 
passage  of  this  act  shall  be  exempt  from  the 
conditions  as  to  qualifications  or  eligibility  im- 
posed by  this  amendment  and  by  said  chapter 
six  hundred  and  sixty  of  the  laws  of  eighteen 
hundred  and  ninety-eight ;  and  ail  such  teach- 
ers, except  supply  teachers,  shall  be  deemed 
to  be  upon  the  eligible  list  for  appointment. 
(^Amended  L.  1900,  C/i.  309;  last  amended  L. 
1900,  Ch.  5SS  :  same  amendment  L.  1901,  Ch. 
106). 


180  Charter  Law  ok    tiik 


Old  Charter 


§    140J.     Promotions  and   removals  of 

principals — Any  principal  or  teacher  who  may 
have  been  appointed  to  the  same  school  for 
three  successive  years,  may.  upon  the  recom- 
mendation of  the  superintendent,  be  promoted 
by  the  said  board  of  education  to  permanent 
service  in  said  school  during  good  behavior ; 
thereafter,  they  may  be  suspended  or  removed 
as  herein  provided,  only  for  cause  and  after  a 
hearing.  Any  principal  or  teacher,  before  such 
promotion,  shall  be  eligible  to  reappointment 
without  certification  by  the  said  board  of  exam- 
iners.    (Z.  1898,  Ch.  660). 

See  note  under  §  2,  p.  183,  this  book;  also  §  141c, 
p.  182  and  §  140m,  this  page. 

§   140k.    Temporary  assignments — The 

said  board  of  education  shall  from  time  to  time 
designate  the  number  of  persons  having  the 
highest  standing  upon  the  said  certified  lists  of 
qualified  principals  and  teachers  respectively, 
who  shall  be  eligible  for  temporary  appoint- 
ments as  supply  principals  and  teachers.  From 
the  number  so  designated  the  superintendent 
shall  from  time  to  time  assign  to  duty  at  the 
several  schools  such  principals  or  teachers  for 
temporary  service  as  he  may  deem  the  exigencies 
of  such  schools  to  require.     (Z.  1898,  Ch.  660). 

§   140I.     Certain  teachers  exempt — Any 

officer,  principal  or  teacher  in  the  employ  of  the 
said  department  of  education  at  the  time  of  the 
passage  of  this  act  shall  be  exempt  from  the 
conditions  as  to  qualifications  or  eligibility  im- 
posed by  this  act.     ( L.  1898,  Ch.  660). 

§   140m.     Suspension  and    removal  of 

teachers — The  said  board  of  education  may 
suspend  any  principal  or  teacher  for  a  definite 
time,  and  may  for  cause  remove  any  ofticer. 
principal,  teacher  or  employee  ;  provided,  how- 
ever, that  no  officer,  principal  or  teacher  shall 
be  removed  until  opportunity  for  a  hearing  at  a 
meeting  of  the  board  shall  have  been  given. 
All  suspensions  by  principals  shall  be  subject 
to  review  by  the  superintendent.     Suspensions 


City  of  Rochester  181 

Old  Charter 


by  the  superintendent  shall  be  subject  to  re- 
view by  the  board.  Any  person  suspended 
shall  not  be  entitled  to  salary  for  time  of  sus- 
pension unless  such  suspension  is  revoked  by 
superior  authorit}-.     (Z.  1898,  Ch.  660). 

See  note  under  §  2,  p.  1S3,  this  book  ;    also  §  141c, 
p.  182. 

§   141.     Ordinances  as  to  school  prop= 

erty — vSaid  board  of  education  shall  prepare 
and  report  to  the  common  council  such  ordi- 
nances and  regulations  as  may  be  necessary  or 
proper  for  the  protection,  safe  keeping  and 
preservation  of  the  school-houses,  lots  and  sites 
and  appurtenances,  and  all  the  property  belong- 
ing to  the  city  connected  with  or  appertaining 
to  the  schools,  and  to  suggest  proper  penal- 
ties for  the  violation  of  such  ordinances  and 
regulations.      (/,.  1898,  Ch.  660). 

5?    141a.     Common    council    may    pass 

ordinances — The  common  council  of  the  said 
city  shall  have  the  power  to  pass  such  ordi- 
nances and  regulations  as  the  said  board  of 
education  may  report  as  necessar)-  or  proper 
for  the  protection,  safe-keeping,  care  and  pres- 
ervation of  the  school-houses,  lots,  sites,  appur- 
tenances and  appendages,  libraries  and  all  nec- 
essary property  belonging  to  or  connected  with 
the  schools  in  said  city,  and  to  impose  proper 
penalties  for  the  violation  thereof,  subject  to  the 
restrictions  and  limitations  contained  in  this 
charter  ;  and  all  such  penalties  shall  be  col- 
lected in  the  same  manner  that  the  penalties 
for  the  violation  of  cit}'  ordinances  are  by  law 
collected,  and  when  collected  shall  be  paid  to 
the  treasurer  of  the  city  and  be  subject  to  the 
order  of  the  board  of  education,  in  the  same 
manner  as  other  moneys  rai.sed  piusuant  to  this 
charter.     (Z.  1898.  Ch.  660). 

§  141b.  Common  council  may  sell 
school  property  I'hc  conunon  council  of  said 
city  may.  upon  the  recommendation  cf  the  board 
of  education  hereinafter  mentioned,  sell  any  of 
the  school-houses,  lots    or   sites,  or   an\    other 


182  Chartkr   Law  oi-    the 

Old  Charter 


school  property  now  or  hereafter  belonging  to 
said  city,  upon  such  terms  as  the  said  common 
council  may  deem  reasonable.  The  proceeds 
of  such  sale  shall  be  paid  to  the  treasurer  of 
the  city  and  shall  be  by  the  said  common  coun- 
cil again  expended  in  the  purchase,  repairs  or 
improvements  of  other  school-houses,  lots,  sites 
or  school  furniture,  apparatus  or  appurte- 
nances.    (Z.  1898,  Ch.  660). 

§  141C.  Common  council  may  investi= 
gate  charges — The  common  council  may 
investigate  any  and  all  charges,  claims  or  pro- 
ceedings of  or  made  against  the  said  board  of 
education,  its  officers  and  employees,  or  in  any 
way  relating  to  said  public  schools  of  said  city, 
and  have  all  the  powers  and  authority  which 
are  conferred  by  law  upon  any  committee  or 
board  which  is  authorized  to  send  for  per- 
sons and  papers.     (Z.  1898,  Ch.  660). 

§  i4id.  Title  to  school  property — 
The  title  to  all  property,  real  or  personal, 
now  held  by  the  city  of  Rochester  for 
school  or  educational  purposes,  or  which  may 
be  hereafter  acquired  for  such  purposes,  and 
the  title  to  all  property,  real  or  personal,  pur- 
chased for  like  purposes  with  any  school 
moneys,  whether  derived  from  the  issue  of 
bonds  or  raised  by  taxation,  shall  i)e  vested  in 
the  city  of  Rochester.  The  said  city  of  Roch- 
ester shall  have  power  to  take  and  hold  any 
property,  real  or  personal,  devised,  bequeathed 
or  otherwise  transmitted  to  it  for  the  purposes 
of  education  in  said  city.  All  actions  affecting 
any  such  property  shall,  however,  be  brought 
by  or  against  said  board  of  education  in  its 
corporate  capacit)'.     (Z.  1898,  Ch.  660). 

§  i4ie.  Public  schools  free — The  pub- 
lic schools  shall  be  free  to  all  children  between 
the  ages  of  five  and  twenty-one  years,  residing 
in  the  city,  and  all  evening  schools  shall  be  free 
to  all  persons  over  five  years  of  age.  (As 
amended  L.  1900,  Ch.  535  ,•  same  amendment 
L.  1 90 1,   Ch.    106). 


City  of  Rochester  183 

Old  Charter 


j?   i4if.      Comptroller     shall     approve 

claims — No  order  shall  be  drawn  for  payment 
of  any  bills  or  claims  against  the  said  depart= 
ment  until  the  same  has  been  approved  by  the 
comptroller.  (As  amended  L.  1900,  Ch.  535  ; 
saine  amendment  L.   1901,   Ch.   106). 

§  2.  Repeals— All  acts  or  parts  of  acts 
inconsistent  herewith  are  hereby  repealed  except 
chapter  thirty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-eight.     (Z.  1898,  Ch.  660). 

Note— Said  Ch.  38,  L.  1898,  is  an  amendment  to 
§  131,  sub.  6,  of  the  Old  Charter  relating  to  the  powers 
and  duties  of  the  board  of  education,  and  reads  as 
follows  : 

§  131.  The  said  board  shall  have  power  and  it 
shall  be  their  duty  : 

"  Subdivision  6.  To  contract  with,  to  license  and 
employ  all  teachers  in  said  schools,  and  at  their 
pleasure  remove  them  ;  and  to  extend  at  its  pleasure 
any  training  class  certificate  issued  during  the  years 
eighteen  hundred  and  ninety-one  to  eighteen  hundred 
and  ninety-five  inclusive,  to  any  graduate  of  a  teachers' 
training  class  maintained  in 'said  city  who  has  had 
continuous  and  successful  e.xperience  in  teaching  in 
the  public  schools  since  graduation,  and  such  certificate 
when  so  extended  shall  be  a  sufi^cient  (|ualification  to 
teach  in  schools  of  such  citv  only." 

§  3.     When    school    law    in    effect 

This  act  shall  take  efifect  on  and  after  the  first 
day  of  December,  eighteen  himdrcd  and  ninetv- 
eight.     (Z.  1898,  Ch.  660). 

§  285.     "  Teachers' class"  in  free  acad= 

®"iy— 'i'he  board  of  education  is  hereby 
authorized  to  organize  a  •'  teachers'  class"  in 
the  free  academy  or  high  school  of  said  city, 
which  shall  be  entitled  to  an  annual  allowance 
from  the  "literature  fund"  of  the  .state  of  New 
York,  on  the  conditions  and  rules  of  the  regents 
of  the  luiiversit)-.  adopted  for  the  distribiition 
of  said  fund  in  other  academies  of  the  state  in 
which  such  classes  are  instructed.  (Z.  1880, 
Ch.  14.  See  also  Z.  1 89  s ,  Ch.  i  o  3 1 ,  as  amended 
Z.  1897,  Ch.  495). 

Note— Various  special  laws  relating  to  Rochester 
•schools  (L.  1S85,  Ch.  27;  L.  1894,  Ch'.s.  15  and  124; 
L.  1898,  Ch.  570;  L.  1899,  Ch.366;  L.  i90i,Ch.  114), 
published  m  full  this  hooV, post.     See  Index. 


184  CiiARiKR  Law  ok    thk 

White  Charter 


ARTICLE    VIII 

DEPARTMENT    OF    ASSESSMENT    AND   TAXATION 

§  260.  Assessors  and  assistants — There  shall  be  four 
assessors.  They  shall  be  elected  at  the  city  election  at  the  same  time 
as  the  mayor,  two  for  two  years,  and  two  for  four  years  ;  and  thereaf- 
ter, at  the  expiration  of  the  term  of  office  of  the  two  assessors  chosen 
for  that  period,  two  successors  shall  be  elected  for  the  full  term  of  four 
years.  In  case  of  a  vacancy  in  the  ofHce  of  assessor,  the  mayor  shall 
fill  the  vacancy  by  appointment  for  the  remainder  of  the  term,  'i'hey 
shall  appoint,  to  hold  oflice  during  their  pleasure,  such  assistants  or 
subordinates  as  the  board  of  e.stimate  and  apportionment  shall  pre- 
scribe.    (/.  1898,  Ch.  182). 

See  note  as  to  oath  of  otiice  under  §  61,  \Vhile  Charter,  thi.s  book,  p.  70. 

Ji  261.  Powers  and  duties  of  assessors — They  shall  possess 
all  the  powers  conferred,  be  subject  to  all  the  obligations  imposed, 
and  perform  all  the  duties  appertaining  to  the  office  of  assessor  in 
the  towns  of  the  state  or  the  office  of  assessor  in  any  of  the  cities 
affected  by  this  act,  at  the  time  when  the  same  shall  take  effect.  The 
assessment  rolls  shall  be  prepared  in  the  same  form  and  manner,  they 
shall  be  completed  at  the  same  lime  and  all  proceedings  relating  to 
the  inspection,  review  and  correction  thereof  and  the  assessment  of 
the  property  therein  described  for  the  purpose  of  taxation,  including 
the  publication  of  notices  to  persons  affected  thereby,  and  all  other 
acts  necessary  to  be  performed  by  said  assessors  in  order  to  constitute 
a   valid    and    legal    tax    upon    such    property,   shall    be   conducted    in 


City  of  Rochester  185 

White  Charter 


accordance  with  and  governed  by  the  laws  of  the  state  appertaining 
to  the  powers  and  duties  of  the  assessors  in  said  cities  in  force  at  the 
time  when  this  act  shall  take  eflfect.  The  taxes  shall  be  extended 
upon  the  assessment  rolls  by  the  officers  and  in  the  manner  prescribed 
by  the  law  in  force  in  any  city  at  the  time  of  the  taking  effect  of  this 
act.  All  warrants  for  the  collection  of  taxes  so  assessed  shall  be 
delivered  to  the  treasurer,  who  shall  in  the  collection  thereof  give  and 
publish  the  required  notices,  allow  the  deduction  authorized  for 
prompt  payment,  charge  all  interest  or  percentage  directed  to  be  paid 
on  deferred  payments,  take  such  proceedings  to  enforce  payment  by 
sale  of  the  property  assessed  or  otherwise,  and  perform  all  duties 
required  to  be  performed  by  him  or  an}'  officer  by  any  other  name  in 
connection  with  the  collection  of  taxes  and  the  sale  of  property  for 
non-payment  thereof  and  the  redemption  of  property  from  sales  as  is 
provided  for  in  and  by  any  or  either  of  said  laws  hereinbefore  referred 
to,  applicable  to  any  city  affected  hereby.  In  any  city  in  which 
the  assessments  for  local  improvements  were  made  at  the  time  of  the 
taking  effect  of  this  act  by  some  officer,  board  or  body  other  than  the 
board  of  assessors,  the  powers  and  duties  so  exercised  by  such  officer, 
board  or  body  shall  devolve  upon  and  be  exercised  and  performed 
by  said  assessors  and  in  the  manner  prescribed  by  the  statutes 
relating  thereto,  except  as  otherwise  provided  herein,  (^s  amctuhui 
I..  1900.  Cli.  415). 

iJ  2()2.  Sufficiency  of  assessments — In  the  assessment  of 
any  lands  in  tlic  stale,  it  is  sufficient  to  state  the  name  of  one  of  the 
owners  of  such  lands,  if  the  owner  or  owners  be  residents  of  the  city, 
or  if  they  be  non-residents  and  the  ownership  is  unknown  to  the 
assessors,  then  the  assessment  may  be  designated  unknown,  the  num- 
ber of  the  lot  and  the  block  on  which  it  is  situated,  if  the  same  be 
subdivided  into  lots  and  blocks,  or  the  number  of  the  lot  or  farm  lot 
if  not  so  suhdi\  ided  into   blocks   and    lots,  and    designated    upon    the 


186  CiiARTKR   Law  ok    thk 

White   Charter 

city  map  last  adopted  by  the  common  council,  and  also  the  street  and 
number  of  any  building  thereon  :  but  if  the  land  be  vacant  or  the 
building  thereon  not  numbered,  then  the  name  of  the  street  on  which 
it  fronts  and  a  brief  description  of  the  premises  shall  be  given.  In 
case  no  inhabiUni  l)uilding  be  on  tlie  land  and  the  residence  of  the 
owner  be  unknown,  such  owner  may  be  designated  as  unknown.  No 
assessment  hereafter  made  in  said  city  shall  be  held  to  be  invalid 
because  the  same  may  be  made  out,  in  terms,  against  owner  or  owners 
unknown,  or  the  estate  of  a  deceased  per.son  (naming  such  person), 
or  the  executor,  administrator,  heirs  or  devisees  of  a  deceased  person 
(naming  such  person),  or  against  a  company  or  firm  name,  or  against 
a  person  in  whom  is  the  record  title,  though  not  the  actual  title  of  the 
property,  or  for  any  cause  arising  through  ignorance  or  mistake  as  to 
the  name  of  the  owner  or  owners  of  the  property  assessed,  whether 
individual  or  a  corporation,  provided  that  such  property  is  sufficiently 
described  on  the  assessment  rolls  to  identify  and  indicate  the  par- 
ticular property  which  it  was  intended  to  assess.  Every  assessment 
roll  shall  be  considered  as  referring  to  the  last  adopted  map  unless  it 
be  otherwise  stated  therein.      (,ls  aniciuh-d  L.  1899,  Ch.  581). 

Note — §§  263,  264,  265,  repealed  by  L.  1899,  Ch.  5S1. 

NoTK — §§  266  to  274,  inclusive,  omitted  from  White  Charier  as  lirst  enacted. 

§  266.  Term  of  assessors — The  assessors  now  in  office  who 
were  elected  by  the  people,  shall  continue  in  office  for  the  remainder 
of  the  term  for  which  they  were  elected.  In  such  cases  there  shall  be 
elected,  at  the  first  city  election  pro\'ided  for  in  this  act,  two  assessors 
for  the  term  of  four  years,  and  thereafter  at  the  expiration  of  the  term 
of  office  of  the  assessors,  two  successors  shall  be  elected  for  the  full 
term  of  four  years.  In  cases  where  the  assessors  now  in  office  were 
appointed,  there  shall  be  elected  at  the  first  election  held  pursuant  to 
this  act,  two  assessors  for  the  term  of  two  years,  and  two  for  the  term 
of  four  years.     {  Added  by  I..  1899,  Ch.  581). 


City  of  Rochester  187 


White  Charter 


Note — §§  275  to  2S3,  and  294  to  299,  inclusive,  repealed  by  L.  1899,  Ch.  581. 
Noi'K — §§  2S4  to  293,  and  300  to  307,  inclusive,  omitted  from  While  Charter 
as  first  enacted. 

§  300.  Assessments,  how  made — If  any  of  the  city  assessors 
shall  be  interested  in  any  improvement  for  which  an  assessment  is  to 
be  made,  it  shall  be  the  duty  of  the  board  of  estimate  and  apportion- 
ment to  appoint  a  suitable  person  or  persons  to  act  in  the  place  of  the 
assessor  or  assessors  so  interested.  In  all  cases  of  assessment,  the 
assessors  shall  include  in  the  apportionment  all  expenses  which  were 
incident  to  the  making  of  the  improvement  and  assessment.  When- 
ever the  amount  apportioned  shall  exceed  the  actual  cost  of  the 
improvement,  the  assessors  shall  declare  a  rebate  and  the  excess  shall 
be  refunded  to  the  persons  who  paid  their  assessment.  In  case  any 
property  within  the  district  or  area  of  assessment  is  omitted  from  the 
original  assessment  roll,  the  assessors  may  make  an  additional  assess- 
ment to  include  the  property  so  omitted.  If  the  amount  assessed  for 
any  improvement  shall  be  insufficient  to  cover  the  cost  of  the  improve- 
ment, the  deficiency  shall  be  apportioned  and  assessed  pro  rata  by  the 
assessors  upon  the  property  which  they  shall  deem  benefited  by  the 
improvement  and  which  is  within  the  district  or  area  of  the  original 
assessment,     (y.liidcd  by  L.  1899,  Ch.  581). 

NuTK. — §§  30S  to  312,  inclusive,  repealed  by  1..  uS()9,  Ch.  5S1. 

Ndtk — §§  3'3  'o  .3-''  inclusive,  omitted  from  White  Charter  as  first  enacted. 

§  313.  Publication  of  notices — In  all  cases  where  county 
and  state  taxes  which  have  been  levied  upon  real  estate  in  any  city 
"Shall  remain  luipaid  after  the  time  when  the  same  should  have  been 
paid,  notice  of  the  sale  of  lands  situate  in  the  city,  for  such  unpaid 
taxes,  shall  be  published  in  tiie  official  newspapers  of  the  city,  in  the 
same  manner  that  is  prescribed  in  existing  laws  with  reference  to  sales 
of  land  for  unpaid  city  taxes.  Where  notice  of  redemption  from  such 
sales  for  vmjjaid  countv  and  state  taxes  afiecting  real  estate  situated 
in  any  city  shall  be  rec|uired  i)v  law  to  be  pul)lished.  the  same  shall  be 


188  CilARiKK    Law   ov    imk 

White  Charter 

published  in  the  official  newspapers  of  the  city  in  the  manner  and  for 
the   time   required  by  law.     The   cost   of   such  publications  shall  be 

added  to  and  form  a  part  of  the  taxes.     (^Addcd  by  L.  1899,  Ch.  581). 

Note — §§  322  to  330,  inclusive,  repealed  by  L.  1899,  Ch.  581. 

NoTK — §§  331  to  -i,-},"^,  inclusive,  omitted  from  White  Charter  as  first  enacted. 

The  provisions  of  tlie  Old  Cliarter  of  the  city  of  Rochester  contain 
a  complete  system  for  the  assessment  and  collection  of  taxes  which  up 

ti)   and   including   the   leturii   of  the   warrant    by  the   collectoi,  are  independent  of 
other  statutes — Matter  of  \'t;ilh,  165  N .  \'.  204. 

It  is  incumbent  upon  a  taxpayer  to  establish  conclusively  that  an 
assessment  complained  of  is  erroneous — People  ex  rel.  (Jas  Co.  vs.  Feitner,  58 
App.  Div.  555. 

If  the  taxpayer  refuses  to  answer  questions  under  oath  as  to  his 
properly  the  assessors  are  justified  in  refusing  to  reduce  the  assessment — People 
e.\  rel.  Mercer  vs.  Maynard,  7  Misc.  295. 

The  taxing  power  of  the  legislature  is  absolute,  and  is  only  limited 
by  the  constitutidti — I'l-nple  vs.  Filch.   14S  N.  \'.  71. 

A  municipality  to  which  a  tax  has  become  due  and  payable  is  a 
creditor  of  the  taxpayer,  and  as  such  has  the  same  rights  under  the  statute 
of  frauds  as  an  individual  creditor  in  case  of  transfers  therein  declared  void  as 
against  creditors — Stimson  vs.  Wrigley,  86  N.  \'.  333. 

A  provision  of  a  city  charter  that  all  taxes  and  assessments  made 
for  city  improvements  shall  be  and  remain  a  lien  until  paid,  will  be 
effectual  to  continue  the  lien  until  it  is  discharged  l)y  actual  payment — Bell  vs. 
City  of  New  \oxV.  06  .\pp.  Div.  ^7S. 

The  tax  roll  when  completed  by  the  assessors  forms  the  basis 
on  which  the  tax  is  imposed,  and  the  persons  a.sse.ssed  for  personal  property 
become  liable  to  pay  the  ta.x  when  levied,  even  though  in  the  mean  time  they 
cease  to  be  the  owners  thereof  through  its  transfer,  loss  or  destruction — Everson 
vs.  City  of  Syracuse.  20  Hun  4S5. 

Though  a  taxpayer  die  after  the  assessment  by  the  assessors  and 
before  the  levy  of  the  tax  rolls,  the  tax  is  enforcible  against  his  executor. 
The  tax  is  assessed  ii])on  the  property,  not  against  the  person — In  re  Babcock, 
115  N.  \ .  450;   Mc.Mahon  vs.  Heekman,  6^  How.  I'r.  427. 

As  between  a  grantor  who  was  the  owner  of  land  at  the  time  of  the 
making  up  of  the  rolls,  and  a  grantee  to  whom  the  properly  is  conveytd  prior  to 
the  levy,  the  grantor  is  liable  for  the  tax — Kundell  vs.  l.akey,  40  N.  V.  513;  In 
re  Babcock,  1 15  N.  ^■.  450. 

Residence  of  the  owner  within  the  tax  district  is  essential  under 
the  Revised  .Statutes,  to  gi\f  jurisdiction  to  the  assessors  to  make  a  valid 
assessment  of  jiersonal  proptri  v  -  \\  il<  ox  \s.  ('ity  of  l\ocht.>tef,  129  X.  \".  247. 

An  assessment  for  personal  property  taxes  contained  in  the  roll 
of  a  city  ward  other  than  that  in  which  the  person  assessed  resides,  is 


City  of  Rochester  1S9 


Decisions  relating  to  taxation — Continued 

not  invalid  if  such  person  had  any  notice  or  knowledge  that  he  was  assessed 
and  was  given  an  opportunity  to  be  heard  on  grievance  days  in  relation  thereto 
— People  ex  rel.  Mclfargvs.  Gaus,  169  N.  V.  19. 

General  city  taxes  assessed  for  general  governmental  purposes 
are  personal  debts  and  collectible  from  the  personal  property  of  the  person 
taxed,  independent  of  any  lien  upon  his  real  estate — Riindell  vs.  Lakey,  40  N.  \. 
513;  Matter  of  Hun,  144  N.  V.  472  ;  Smith  vs.  Cornell,  i  i  i  N.  Y.  554;  Hagner 
vs.  Hall,  10  App.  Div.  581. 

For  purposes  of  enforcement  a  tax  constitutes  a  debt  in  judg^ 
ment,  and  the  warrant  is  an  execution — In  re  I.  L.  C.  Co.  19  App.  Div.  415: 
Litchfield  vs.  McComber,  42  Barb.  288;  Butts  vs.  Rochester,  i  Hun  598-600; 
Torrey  vs.  Willard,  55  Hun  78;  Ithaca  vs.  Cornell,  75  Hun  425  ;  In  re  Babcock, 
52  Hun  142  ;  C.  T.  Co.  vs.  \.  Y.  C.  R.  R.,  no  N.  Y.  250 ;  In  re  Col.  Ins.  Co. 
3  Abb.  Ct.  App.  Dec.  239. 

Moneys  on  deposit  in  a  savings  bank  in  the  state  of  New  York 
are  exempt  from  taxation  under  sub.  14  of  paragraph  4  of  the  Tax  I^w,  (L. 
1896,  Ch.  i)O.S)  —  l'e(i])lu  c.x  rel.  Ilermance  vs.  Diederick,  I  5S  N.  \'.  414. 

The  supreme  court  has  held  that  the  corrective  statute  relating 
to  taxes  in  the  city  of  Rochester  (L.  1903,  Ch.  522)  is  effectual  to  cure  the 
omission  of  the  mayor's  seal  from  the  mayor's  certificate — See  findings  of  fact 
by  Judge  Parkhurst,  in  Leighton  vs.  I-eighton  Lea  .\sso..  on  file  in  Monroe  county 
clerk's   office,  made  .\pril  16.  1003. 

The  lien  of  city  taxes  is  superior  to  the  lien  acquired  b>  a  pri- 
vate purchaser  at  a  tax  sale  for  county  taxes  upon  the  same  lands — ('ity 
of  Koilicstcr  \s.  Kapell,  86  A])p.  Div.  224. 

The  legislature  has  power  to  cure  defects  in  the  assessment  of 
taxes  and  to  legalize  proceedings  to  collect  the  same  if  the  taxes  were 
not  invalid  because  of  a  want  of  jurisiliction  and  no  other  constitutional  right  of 
the  taxpayer  has  been  violated.  The  rule  is  that,  if  the  thing  done  or  omitted 
and  which  constitutes  the  defect  sought  to  be  remedied,  is  something  that  the 
legislature  might  have  dispensed  with  constitutionally  or  directed  in  the  tax  law. 
it  may  ratify  such  act  or  omission  by  a  later  statute — Terrel  vs.  Wheeler.  123 
N.  ^■.  76;  Smith  vs.  Buffalo,  90  Hun  118;  Ensign  vs.  Barse,  107  N.  Y.  329; 
Hatzung  vs.  City  of  Syracuse,  ()2  Hun  203;  Loomis  vs.  City  of  Little  Falls.  66 
App.  Div.  305. 

The  provisions  of  §  209  of  the  Old  Charter  of  the  city  of  Roch- 
ester do  not  aulliori/.e  the  city  treas\irer  to  refuse  to  acce])!  the  tender  of  the 
amount  of  general  city  taxes,  with  interest,  less  the  amount  of  a  local  assessment, 
which  had  been  added  lo  such  gi-neral  city  taxes — Hutchinson  vs.  City  of  Roch- 
ester, 92  Hun  31)5. 

A  decree  judicially  settling  an  administrator's  account  >hould. 
where  it  appears  that  there  remains  unpaid  a  valid  tax  assessed  by  the  city  of 
Rochester  against  the  administrator  on  account  of  the  estate,  direct  the  payment 


190  Charter  Law  of  the 

Decisions  relating  to  taxation — Concluded 

of  the  tax  out  of  the  assets  of  the  estate  before  final  distribution  is  made — 
Matter  of  Sullivan,  84  App.  Div.  51. 

Under  §  206  of  the  Old  Charter  of  the  city  of  Rochester  unpaid 
installments  coming  due  either  before  or  after  the  death  of  the  owner  assessed 
therefor,  may  be  enforced  against  his  personal  estate  in  the  suiTogate's  court, 
upon  the  judicial  settlement  of  the  accounts  of  the  executor  of  such  deceased 
owner — Matter  of    Klsner,  S6  App.  Div.    207. 

The  fact  that  the  city  has  sold  the  property  for  unpaid  install= 
ments  which  became  due  after  the  owner's  death,  and  has  bid  in  the  property 
upon  such  tax  sale,  does  not,  where  the  title  acquired  by  the  city  has  not  become 
absolute,  preclude  the  city  from  enforcing  payment  of  such  installments,  and  of  the 
installments  which  have  not  yet  become  due,  from  the  personal  estate  of  the 
deceased  owner — Matter  of  Eisner,  st//>?-a. 

Taxation  is  not  taking  property  without  due  process  of  law- 
People  ex  rel  Griffin  vs.  Mayor  of  brooklyn,  4  N.  Y.  41*^;  Town  of  Ciuilford  vs. 
Supervisors,  13  N.  V.  145. 

Special  acts  relating  to  taxation  in  the  city  of  Rochester  j^ub- 
lished  in  full  in  this  book,  posi.     See  Index. 

Note — The  decisions  relating  to  taxation  generally  are  fully  collated  in 
"  Green's  Annotated  Tax  Law"  (1902) ;  '•  Gumming  and  Gilbert's  Annotated  Tax 
Law"(i90i);  and  "Drake's  Annotated  Tax  Law"  (1903);  See  also  Am.  and 
Eng.  Enc.  of  Law,  2d  Edn.,  titles,  "Special  or  Local  Assessments"  and  "Taxation." 


Old  Charter 


NoTE^The  White  Charter  specifically  continues 
existing  laws  governing  the  procedure  in  matters  of 
assessments  for  taxes  or  local  improvements  and  the 
taking  of  lands  for  public  puqjoses.  The  portions  of 
Titles  V  and  VII,  Old  Charter,  on  these  subjects,  as 
they  exist,  follow : 

§  53.  Duties  of  assessors — The  assess- 
ors appointed  as  hereinbefore  provided  shall 
perform  ail  the  duties  required  of  assessors 
in  relation  to  the  assessment  of  property  in 
said  city,  for  the  purpose  of  levying  taxes  im- 
posed by  the  supervisors  of  Monroe  county, 
and  of  levying  taxes  and  assessments  imposed 
by  the  common  council.     (Z.  1880,  C/i.  14). 

Note — As  to  powers  and  duties  of  assessors,  see 
White  Charter,  §  261,  this  liook,  p.  184. 

§  82.     Assessment   for    general   taxes 

—  All  sums  so  directed  to  be  raised  by  tax 
by  the  common  council  shall  be  assessed 
upon  all  real  and  personal  estate,  in  said 
city,    according  to  the  valuation  of  the  same 


City  of  Rochester  191 


Old  Charter 


in  the  last  preceding  assessment  rolls,  which 
shall  have  been  relumed  by  the  assessors 
of  said  city,  and  filed  in  the  office  of  the 
clerk  of  said  city,  except  as  by  this  charter  other- 
wise provided;  but  no  real  or  personal  estate, 
which  shall  be  exempt  from  taxation  or  assess- 
ment by  the  general  laws  of  this  state,  shall  be 
liable  to  be  assessed  for  the  ordinary  city  or 
county  taxes,  but  such  real  estate  may  be 
assessed  and  taxed  for  local  improvements. 
All  real  estate  shall  be  assessed  for  any  city  or 
county  tax  or  assessment  to  the  owner  or  occu- 
pant, or  by  any  description  by  which  it  may  be 
known  and  distinguished  without  reference  to 
the  owner  or  occupant,  ^^'henever  any  tax  or 
assessment  exceeding  ten  dollars  in  amount 
has  been  at  any  time  heretofore  or  hereafter  is 
levied  or  assessed  by,  or  by  order  of  the  com- 
mon council  against  a  person,  firm,  estate  or 
corporation,  and  has  been  or  is  returned  by  a 
collector  uncollected  for  want  of  goods  and 
chattels,  out  of  which  to  collect  the  same,  the 
mayor  or  city  attorney  of  said  city  may  apply 
on  an  affidavit  stating  the  facts  aforesaid  to 
the  county  judge  or  special  county  judge  of  the 
county  of  Monroe,  and  obtain  an  order  requir- 
ing such  firm,  person,  estate  or  corporation  to 
appear  before  such  county  judge  or  special 
county  judge,  or  before  a  referee  named  in 
such  order  and  answer  concerning  his,  their  or 
its  property.  The  same  proceedings  may,  in 
all  respects,  be  had  as  in  cases  of  proceedings 
supplementar)'  to  an  execution  against  property 
under  the  code  of  civil  procedure,  and  the 
same  costs  and  disbursements  may  be  allowed 
against  the  person,  firm,  estate  or  corporation 
examined  concerning  his,  their  or  its  property, 
but  none  shall  be  allowed  in  his.  their  or  its 
favor.  The  tax  if  collected,  shall  be  paid  over 
to  the  city  treasurer,  and  the  costs  collected 
shall  belong  to  the  party  instituting  the  proceed- 
ings, and  shall  be  applied  by  him  to  the  pay- 
ment of  the  expenses  of  such  proceeding. 
And  the  proceedings   taken   under  this  section 


192  CuAkiKR    Law   <)!•    ihk 

(  )lil   <  liaiter 


shall  conform  in  all  other  respects  to  the 
course  of  proceedings  provided  for  in  said 
code  of  civil  procedure  in  relation  to  such 
supplementary  proceedings.  (As  nincudrd  I.. 
1890,  Ch.  5C1). 

Note — As  to  description  of  lands  see  White  Char- 
ter, §  262,  this  hook,  p.  1S5. 

Insertion  of  owner's  name  in   assessment 

list  not  fsseiilial  to  v;ilidityof  tax  -  1 1  :u,L;ht  vs.  Mayoi. 
etc.,  <)()  N.  ^'.  jSo. 

Valuable   commercial   buildings    should    be 
assessed  upon  the  basis  of  earning:  capacity — 

People  ex  lei.  Powers  \>.  KalbtlciM  h,  j;  App.  Div. 
432;  appeal  dismissed,  1  3<>  N.  ^'.  67S. 

§  83.     Annual  assessment  ho\N  made 

— The  annual  assessment  of  property  in  said 
city  shall  be  made  by  the  assessors  thereof  by 
the  fifteenth  day  of  January  in  each  year,  who 
shall  enter  the  assessment  for  each  ward  in  a 
separate  book  provided  for  that  purpose. 
After  such  as.sessment  shall  have  been  com- 
pleted the  assessors  shall  meet  at  their  office 
to  hear  the  allegations  and  objections  of  all 
persons  interested  in  the  assessments,  of  which 
at  least  ten  days  previous  notice  shall  be 
given  by  publication  in  all  the  daily  papers 
published  in  said  city.  At  the  time  and  place 
designated  in  said  notice,  and  for  ten  consecu- 
tive days  thereafter,  exclusive  of  Sundays,  the 
asses.sors  shall  meet  and  hear  such  allega- 
tions and  objections,  and  the  assessment 
books  .shall  there  be  open  to  the  examination 
and  inspection  of  all  parties  interested,  between 
the  hours  of  nine  and  twelve  in  the  morning 
and  two  and  four  in  the  afternoon.  The  asse.ss- 
ors  shall  amend  and  correct  such  asses.s- 
ments  as  they  shall  deem  proper.  When 
completed,  an  oath  substantially  in  the  follow- 
ing form,  shall  be  written  or  printed  upon  or 
attached  to  said  rolls  and  each  of  them,  and 
said  oath  shall  be  signed  by  the  assessors  or  a 
majority  of  them  and  shall  be  sworn  to  before 
an  officer  authorized  to  administer  oaths, 
namely  :  "  We,  the  undersigned,  do  severally 
depose  and  swear  that   we   ha\e  set  down  in 


C'nv  OK   K()(  HKsTKk  193 

Old  Charter 


the  foregoing  assessment  roll  all  the  real  estate 
situated    in  ward,     according    to 

our  best  information  :  and  that  with  the  excep- 
tion of  those  cases  in  which  the  value  of  the 
said  real  estate  has  been  changed  by  reason  of 
proof  produced  before  us,  we  have  estimated 
the  value  of  the  said  real  estate  at  the  sums 
which  the  majority  of  the  assessors  have 
decided  to  be  the  full  value  thereof:  and  also 
that  the  assessment  roll  contains  a  true  state- 
ment of  the  aggregate  amount  of  the  taxable 
personal  estate  of  each  and  ever}'  person  or 
corporation  named  in  such  roll,  over  and 
above  the  amount  of  debts  due  from  such  per- 
sons or  corporations  respectively,  and  exclud- 
ing such  stocks  as  are  otherwise  taxable,  and 
such  other  property  as  is  exempt  by  law  from 
taxation,  at  the  full  value  theii^of.  according  to 
our  best  judgment  and  belief."  After  being 
sworn  to  as  aforesaid,  the  assessment  books  shall 
be  delivered  to  the  clerk  of  the  cit)'  on  or  before 
the  fifteenth  day  of  April  in  each  year,  who 
shall  report  the  same  to  the  common  council  of 
said  city  at  its  next  meeting.  The  time  for 
such  delivery  of  such  books  to  said  clerk,  may 
be  extended  by  resolution  of  said  common 
council  adopted  at  any  time  before  or  after 
the  said  fifteenth  day  of  April.  The  assessors 
shall  make  and  certify  a  correct  copy  of  said 
assessment  books  as  they  shall  then  exi.st,  and 
including  the  changes,  amendments  and  cor- 
rections to  the  same  that  may  be  made  as 
hereinafter  specified,  and  deliver  the  same  to 
the  supervisors  of  the  .several  wards  respec- 
tivclv,  for  the  use  of  the  board  of  supervisors 
of  Monroe  county  on  or  before  the  first  dav  of 
October  in  each  year,  to  be  by  them  presented 
to  the  board  of  supervl.sors  as  the  ward  rolls  of 
the  city.  The  time  for  the  deliver)-  of  such 
books,  or  of  either  of  them,  to  said  supervisors, 
may  be  extended  by  resolution  of  said  board 
of  supervisors  adopted  at  anv  time  before  or 
after  the  first  day  of  ( )ctober.  The  said  board 
of  super\isors  shall  ])av    to   said   assessors,  for 


194  CiiAkiKR   Law  ok  the 

Old  Charter 


the  copy  or  copies  for  their  use,  in  the  same 
manner  as  paid  to  the  supervisors  of  the 
several  towns  for  the  town  rolls.  The  said 
assessors  are  hereby  directed  and  empowered 
to  make  such  additional  amendments  and 
corrections  in  said  assessment  rolls  as  to  the 
names  of  the  actual  owners  or  occupants  and 
values  of  real  and  personal  estate  therein  as- 
sessed as  they  shall  deem  proper,  at  any  time 
before  the  first  day  of  July  in  each  year.  (As 
ametuicd  L.  1900,  Ch.  119). 

Note — §  84,  repealed,  L.  iSg'S,  Ch.  777. 

§  85.     Additional  tax  for  water  rents  ; 

delivery  of  tax  rolls — In  addition  to  other 
ta.xcs  directed  by  law  to  be  assessed  upon  the 
property  of  the  cit)\  the  common  council  shall, 
in  the  month  of  April  in  each  year,  assess,  for 
the  benefit  of  the  water  works  fund,  three  cents 
on  each  lineal  foot  front  of  each  citj'  lot  .located 
on  any  avenue,  street,  park,  court,  alley  or  lane 
in  which  the  city  water  mains  are  laid  and  in 
use  in  all  cases  in  which  no  water  rents  have 
accrued  or  been  paid  to  the  city  of  Rochester 
during  the  calendar  year  preceding  the  date  of 
the  assessment,  but  .such  assessment  shall  be 
made  on  one  frontage  only  of  each  of  said  lots. 
As  a  basis  for  such  assessment  the  executive 
board,  or  its  successor  in  charge  of  the  Roch- 
ester water  works  shall,  on  or  before  the  first 
day  of  March,  in  each  year,  make  and  furnish 
to  the  city  as.sessors  a  complete  statement  of 
each  and  every  city  lot  situate  on  the  streets, 
avenues,  parks,  courts,  lanes  and  alleys  in  said 
city,  in  which  city  water  mains  are  laid  and  in 
use,  and  on  which  lots  water  rents  have  not 
accrued  or  been  paid  during  the  preceding 
calendar  year  ;  said  statement  shall  contain  the 
name  of  the  owner  of  the  lot  and  the  frontage 
to  be  assessed,  or  such  description  as  is  now 
required  by  law  to  identify  the  same.  And 
also,  in  all  cases  in  which  water  rents  have 
accrued  during  the  preceding  calendar  year 
aforesaid,  on  a  citv  lot  exceeding  two  hundred 


CiTV  OF  Rochester  195 

Old  Charier 


feet  frontage  :  and  if  said  water  rents  shall  not 
aggregate  an  amount  equal  to  at  least  three 
cents  on  each  lineal  foot  of  the  whole  frontage 
of  said  lot,  then  said  excess  over  two  hundred 
feet  shall  be  subject  to  said  tax  of  three  cents 
on  each  foot  of  frontage;  the  same  as  if  no  water 
rates  had  accrued  on  any  part  of  said  lot.  The 
common  council  shall,  during  the  month  of 
x\pril  in  each  year,  assess  the  city  taxes,  includ- 
ing those  required  to  be  assessed  by  the  forego- 
ing provisions  of  this  section,  in  the  same  man- 
ner in  which  the  county  taxes  are  by  law  to  be 
assessed  by  the  board  of  supervisors,  which 
taxes  shall  be  by  the  assessors  inserted  in  the 
assessment  rolls  reported  by  the  assessors  as 
before  provided,  and  such  rolls,  with  taxes 
inserted  therein,  shall  be  deli\ered  by  said 
assessors  to  the  treasurer  of  said  city.  After 
said  assessment  rolls  have  been  confirmed  by 
the  common  council  it  shall  not  be  lawful  for 
said  common  council  to  hear  complaints  or 
allegations  from  persons  assessed  thereon  who 
may  claim  any  exemption  from  taxation,  in  any 
way,  under  any  law  of  the  state  of  New  \'ork- 
relating  to  the  national  guard  or  militar)'  of  said 
state,  but  as  to  all  such  persons  such  confirma- 
tion shall  be  final  and  conclusive.  (.Is  aviciui- 
cd  L.  1896,   Ch.   777). 

i^  86.  Warrant  of  mayor  to  be  an- 
nexed to  assessment  rolls — To  each  of  such 
assessment  rolls  so  to  be  delivered  to  the 
trea.surer  of  said  city,  as  aforesaid,  shall  be 
annexed  a  warrant  under  the  hand  of  the  mayor 
and  the  seal  of  the  city,  commanding  the  city 
treasurer  to  collect  from  the  .several  persons 
named  in  the  assessment  rolls,  the  several 
sums  levied  as  taxes  in  the  columns  of  such 
rolls,  according  to  the  provisions  of  this.  act. 
(Z.  1880.   Ch.    14). 

Requirements  as  to  hand  and  seal  held  man^ 

dator\--M.iHcr  of  City  of  Kci  h  >i<r  \  >.  Mo>s.  77 
Apj).  l)!v.  jS  ;   iittirnird.  173  N.  \".  64(1. 

Corrective  statute — L.  1903,  Cli.  522. 


11)6  CiiARTKk   Law  ok    ihk 

Old  Charter 


§  87.  When  assessment  rolls  to  be 
delivered  to  treasurer — The  said  assess 
nient  rolls  with  the  said  warrants  annexed, 
shall  be  delivered  to  the  city  treasurer  on  or 
before  the  first  day  of  May  in  each  year. 
(As  amefided  L.   1896,   C/i.  777). 

§  88.     Collection  of  taxes  by  city  treas= 

urer — The  city  treasurer  shall  then  proceed  to 
collect  and  receive  said  taxes  from  the  several 
persons  named  in  the  said  assessment  rolls  in 
the  manner  hereinafter  mentioned,  and  shall 
immediately  after  receiving  such  rolls  and  war- 
rants, give  public  notice  by  the  advertisement 
in  two  of  the  public  newspapers  printed  in  the 
city  of  Rochester,  that  all  persons  named  in 
said  rolls  are  required  to  pay  their  taxes  to  him 
at  his  office,  on  or  before  the  fifteenth  day  of 
the  following  September,  and  stating  the 
amounts  to  be  added  if  payment  shall  not  be 
made.     {As  amended  L.   1896.  Ch.   "]"]"])■ 

§  89.     Rates  of    interest    collectible — 

The  city  treasurer  shall  receive  the  amount  of 
any  tax  levied  in  the  assessment  rolls  during 
the  month  of  May,  and  on  all  amounts  not  paid 
on  or  before  the  last  day  of  May  succeeding 
the  levying  of  such  tax,  he  shall  receive  for  the 
contingent  fund  of  said  city,  the  following  ad- 
ditions as  charges  for  collection,  namely  :  If 
the  same  be  paid  after  the  last  day  of  May  and 
on  or  before  the  last  day  of  June,  then  next,  he 
shall  charge  and  receive  an  addition  of  one  per 
centum  ;  if  paid  after  the  last  day  of  June  and 
on  or  before  the  last  day  of  July,  then  next, 
an  addition  of  two  per  centum  ;  if  paid  after 
the  last  day  of  July  and  on  or  before  the  fif- 
teenth day  of  August,  then  next,  an  addition  of 
three  per  centum  ;  if  paid  after  the  fifteenth 
day  and  on  or  before  the  last  day  of  said  month 
of  August,  then  an  addition  of  four  per  centum  ; 
if  paid  on  or  after  the  first  day  of  the  month  of 
September,  then  next,  and  on  or  before  the 
fifteenth  day  of  the  same  month  an  addition  of 
five  per  centum  :  and  if  paid  at  any  time  after 


City  ok  Rochestkr  197 

Old  Charter 


the  fifteenth  day  of  September,  such  addition 
of  five  per  centum,  and  also,  interest  from  that 
day,  at  the  rate  of  twelve  per  centum  per  an- 
num,     (^s  amended  I..    1896.    67/.    777). 

§  90.  Publication  of  notices — The  said 
city  treasurer  shall  also,  immediately  after  the 
said  last  day  of  August,  give  public  notice  in  all 
of  the  daily  newspapers  of  the  said  city,  to  be 
published  in  such  papers  for  ten  days,  notifying 
all  persons  who  shall  have  omitted  to  pay  their 
taxes  to  pay  the  same  to  him  at  his  office,  on  or 
before  the  fifteenth  day  of  the  said  month  of 
September.     {As  amended  L.  1896.  Ch.  777). 

§  91.  Collection  of  taxes — It  shall  be 
the  duty  of  the  city  treasurer  upon  all  taxes 
remaining  unpaid  on  the  fifteenth  day  of  Octo- 
ber next  succeeding  the  completion  of  the  said 
assessment  rolls,  to  issue  as  many  warrants  as 
he  shall  deem  proper  under  his  hand,  and 
directed  to  any  person  whom  he  may  see  fit  to 
appoint  a  collector  of  the  taxes  specified  in  such 
warrant,  commanding  such  person  as  such  col- 
lector, to  levy  the  amount  of  said  tax,  and  an 
additional  amount  of  five  per  centum,  except 
that  in  no  case  is  the  amount  so  added  to  be 
less  than  twenty-five  cents,  and,  also  interest  at 
the  rate  of  twelve  per  centum  per  annum  from 
the  preceding  fifteenth  day  of  September,  and 
the  fees  of  said  collector  by  distress  and  sale  of 
goods  and  chattels  of  the  person  against  whom 
the  said  warrants  shall  be  issued,  or  of  any 
goods  and  chattels  in  his  possession,  whereso- 
ever the  same  shall  be  found  within  said 
city,  and  to  pay  the  same  to  the  city  treasurer, 
and  return  such  warrant  within  twenty  days 
after  the  date  thereof  ;  and  no  claim  of  property 
to  be  made  to  such  goods  and  chattels  so  found 
in  possession  of  the  said  party,  shall  be  avail- 
able to  prevent  a  sale.  After  the  return  of  any 
warrant,  the  treasurer,  if  he  deem  expedient,  or 
if  so  directed  by  the  common  council,  may  issue 
a  second  or  subsequent  warrant  for  the  taxes 
still  remaining   unpaid,  with   said   percentage. 


198  C'liARiKR   Law  ok    thk 


Old  Charter 


Collection  of  taxes — Contimied 

interest  and  fees.  Hvery  collector  shall  hold 
his  appointment  during  the  pleasure  of  the 
treasurer,  and  may  at  any  time  be  removed 
or  suspended  by  him ;  and  the  treasurer 
and  his  sureties  shall  be  liable  for  any  collect- 
or, and  for  all  moneys  that  may  be  collected 
or  received  by  him.  No  warrant  shall  be  de- 
livered to  any  collector  until  he  shall  have 
executed  and  deposited  with  the  treasurer,  a 
bond  to  the  city  of  Rochester,  with  two  or 
more  sureties,  approved  by  such  treasurer,  and 
acknowledged  in  the  manner  required  for  the 
recording  of  conveyances  of  real  estate,  and 
conditioned  for  the  faithful  performance  of  his 
duties  as  a  collector  of  the  taxes  specified  in 
such  warrant,  and  for  the  faithful  accounting 
and  paying  over  to  the  treasurer  of  all  moneys 
that  he  may  collect  or  receive  under  such 
warrant.  If  any  collector  shall  fail  to  return 
any  warrant  issued  to  him,  as  therein  required, 
or  shall  fail  to  pay  over  to  said  treasurer  all 
moneys  collected,  or  received  by  him.  or  .shall 
fail  to  render  a  full  and  true  account  thereof, 
the  supreme  court,  or  any  justice  thereof,  on 
the  application  of  the  treasurer,  or  of  the  city 
of  Rochester,  shall  have  jurisdiction  on  proof, 
by  affidavit  or  otherwise,  summarily  to  enforce 
such  return,  payment,  or  accounting,  or  all,  as 
the  case  may  be,  by  attachment  and  proceed- 
ings thereon,  in  the  same  manner  as  if  such 
collector  were  a  sheriff  or  officer  of  that  court. 
The  fees  of  such  collector  shall  be  estimated 
only  on  the  moneys  collected  by  him,  and 
where  several  sums  are  assessed  to  the  same 
person  or  persons,  on  the  same  list,  such  sums 
shall  be  deemed  to  be  one  tax  for  the  purpose 
of  estimating  collectors'  fees.  The  interest 
and  percentage  other  than  collectors'  fees  shall 
be  added  to  the  contingent  fund  of  the  city. 
The  said  treasurer,  immediately  after  receiving 
the  bond  of  any  collector  shall  file  the  same  in 
the  office  of  the  clerk  of  Monroe  county,  and 
the  same  shall  be  a  lien  upon  the  real  estate 


City  of  Rochester  109 

Old  Charier 


of  any  person  executing  the  same  situate  in 
said  county.  Such  collector  shall  have  full 
power  and  authorit)'  to  execute  said  warrant  in 
any  part  of  the  city,  and  if  any  such  collector 
shall  neglect  or  refuse  to  pay  over  any  money 
collected  by  him,  he  shall  be  deemed  guilty  of 
a  misdemeanor.  C'4s  at)iciidcd L.  1896,(1'/'.  777  ). 

S  92.     Collectors'    sales   and    notice — 

The  said  collectors  shall  give  public  notice  of 
the  time  and  place  of  sale  of  the  property  to  be 
sold,  at  least  six  days  previous  to  the  sale,  by 
advertisement  to  be  posted  up  in  at  least  three 
public  places,  of  which  the  outer  door  of  the 
court-house  shall  be  one.  All  sales  by  virtue 
of  this  provision  shall  be  by  pyblic  auction 
from  the  steps  in  front  of  the  court-house. 
(Z.  1880,  Ch.  14). 

§  93.     Disposition   of   surplus   on  col= 

lectors'  sales — If  the  property  distrained  shall 
be  .sold  for  more  than  the  amount  of  the  tax, 
percentage,  interest,  and  the  costs,  charges, 
and  expenses  of  such  distress  and  sale,  the 
surplus  shall  be  returned  to  the  person  in 
whose  possession  such  propert)'  was  when  dis- 
tress was  made,  if  no  claim  be  made  to  such 
surplus  by  any  other  person  ;  if  any  other  per- 
son shall  claim  such  surplus  on  the  ground 
that  the  property  .sold  belonged  to  him.  and 
such  claim  be  admitted  by  the  person  for  who.se 
tax  the  same  was  distrained,  the  suri^his  shall 
be  paid  to  such  owner;  but  if  such  claim  be 
contested  by  the  per.son  for  whose  tax  the 
property  was  distrained,  the  surplus  monev 
shall  be  paid  by  the  collector  into  the  city 
treasury,  there  to  be  retained  as  a  special  de- 
posit, until  the  rights  of  the  parties  shall  be 
detennincd  by  due  course  of  law.  ( /,.  1880, 
C/i.  14). 

TJ  94.  Time  of  sale — On  the  .second 
Thursday  of  December  in  each  year,  the  city 
treasurer  shall  cause  to  be  exposed  for  sale,  as 
hereafter  provided,  all  real  estate  charged  with 


•JOO  ('harikr    Law   ok    iiik 

Old   Charter 


any  tax  or  assessment  whicli  shall  ha\e  been 
due  and  unpaid  more  than  thirty  days  pre- 
vious to  the  said  second  Thursday  in  Decem- 
ber.    {As  amcudcii  I..  1896,  C/i.  777). 

55  95.  Notice  of  sale — The  city  treasurer 
shall  cause  a  notice  of  the  time  and  place  of 
such  sale  to  be  published  in  all  the  daily  news- 
papers published  in  said  city  at  least  ten  days 
previous  to  such  sale  ;  and  he  shall  also  cause 
to  be  published  in  one  or  more  of  said  daily 
papers  on  some  day  not  more  than  twenty,  nor 
less  than  ten  days  previous  to  such  sale,  a  list 
of  the  several  parcels  of  real  estate  so  to  be 
sold,  describing  therein  each  parcel  of  real 
estate  in  the  same  manner  substantially  as  the 
same  is  described  in  the  assessment  rolls  in 
which  the  said  tax  or  assessment  is  imposed 
thereon,  together  with  the  name  of  the  person 
to  whom  each  parcel  is  assessed  and  the 
amount  of  the  tax  or  assessment  thereon. 
(  /,.  1880,  C/i.  14). 

;j  96.  City  treasurer  to  conduct  sale; 
expenses  allowed   to  city      It  shall  be  the 

duty  of  the  city  treasurer  to  conduct  all  the 
proceedings  and  render  all  the  services  neces- 
sary to  perfect  the  sale  and  transfer  of  real 
estate  in  said  city  where  the  same  shall  be  sold 
or  advertised  for  sale  for  the  non-payment  of 
any  assessment  imposed  thereon  by  the  com- 
mon council,  and  for  such  services  so  rendered 
by  the  city  treasurer,  including  the  expense  of 
advertising  such  real  estate,  the  corporation 
shall  be  entitled  to  have  fifty  cents  for  each 
parcel  of  land  so  ordered  to  be  sold,  in  case 
the  sale  thereof  shall  be  stopped  by  payment 
after  advertisement,  and  one  dollar  and  fifty 
cents  for  each  parcel  that  shall  be  actually 
sold,  which  fees  shall  be  paid  into  the  city 
treasury  and  carried  to  the  contingent  fund. 
(Z.  1880.  Ch.  14). 

^  97.     Manner   of    selling;   certificate 

of   sale — If  such    tax   or   assessment   and   the 


Cll  N     III       KOLIIKSTKR  -<•! 

Old  Charter 


percentage,  interest,  allowance  and  expense 
aforesaid  be  not  paid  by  the  said  second 
Thursday  of  December,  the  city  treasurer 
shall,  at  the  time  and  place  appointed  in  the 
notices  required  to  be  given  as  aforesaid,  or  on 
some  day  immediately  thereafter  to  which  said 
sale  may  be  adjourned,  proceed  to  sell  the 
said  several  parcels  of  real  estate  for  the 
shortest  time  any  bidder  will  take  such  prem- 
ises and  pay  the  said  tax  or  assessment,  with 
said  charges  and  expenses ;  and  on  such  sale 
he  shall  execute  to  the  bidder  a  certificate  of 
sale,  in  which  the  property  purchased  shall  be 
described,  the  aggregate  amount  of  tax  or 
assessment  and  said  charges  and  expenses, 
and  the  time  for  which  the  premises  were  pur- 
chased shall  be  specified ;  also  the  time  when 
the  purchaser  will  be  entitled  to  receive  the 
lease  hereinafter  mentioned.  The  amount 
added  to  such  tax  or  assessment  for  fees  shall 
be  carried  to  the  contingent  fund.  ( .l.<  nmouird 
L.  1896,  Ch.  777  ). 

Act   validating  tax    sales — 1..  1S9S.   Ch.    5S6. 
ruhlished  in  full,  this  book,/('.f/.     See  Inde,\. 

Sale  of  lands  for  unpaid  taxes— Cooley  on  Tax- 
ation, j;(l    I'Uln..  (i')O^i.  ))]).  i)io-ioj2. 

5i  98.     When  property  is  struck  off  to 

city^ — If  at  any  such  sale  no  bid  to  the  amount 
of  the  tax  thereon  and  expenses  of  sale  shall 
be  made  for  any  such  parcel  of  land,  the  same 
shall  be  struck  off  to  the  city,  and  the  treasurer 
shall  make  a  memorandmn  of  the  fact  that  the 
land  was  so  struck  otT  to  the  city  in  a  book  to 
be  kei)t   for   that    jnirpose.      ( /..   1880.  Ch.   14). 

§  ()9.  Common  council  m.'i>  author- 
ize treasurer  to  bid  Ihe  treasmer  of  said 
cit\  m.iv  i)c  anthoM/id,  hv  an  order  of  the 
connnon  coimcii.  to  bid  for  and  in  the  name 
of  the  corporation  of  the  said  city  upon  any  lands 
offered  for  sale  at  public  auction,  upon  which 
the  said  corporation  may  have  anv  claim  or 
■  lien.      (  /..  1880.  Ch.  14).' 


'202  CiiAk'iKK   Law  ok    im; 

Old   Charter 

5i  loo.  Redemption  of  property  sold 
for  taxes — Any  owner  or  claimant  of  the 
premises  so  sold  for  any  tax  or  assessment 
may,  within  two  years  after  such  sale,  redeem 
the  same  by  paying  to  such  purchaser,  his  rep- 
resentatives or  assigns,  or  into  the  city  treasury 
for  his  use,  the  amount  so  paid  by  him,  with 
the  addition  of  twelve  per  centum  per  annum, 
or  at  that  rate,  on  such  amount,  and  on  such 
payment  being  made  the  right  and  title  of  such 
purchaser  shall  absolutely  cease  and  determine. 
(/.  1880,  C//.  14). 

§  10 1.  Notice  to  redeem  by  holder  of 
tax  certificate  ;  contents — Any  holder  of  any 
certificate  of  lands  sold  for  city  taxes  or  assess- 
ments shall,  within  one  year  after  the  expi- 
ration of  the  period  of  redemption  provided 
for  by  the  preceding  section,  cause  to  be  serv- 
ed upon  the  owner  of  such  lands  a  notice  of 
such  sale,  signed  by  the  person  claiming  such 
premises  under  such  sale,  his  representative 
or  agent,  and  specifying  the  amount  of  the  tax 
or  assessment  and  charges  at  the  time  of  such 
sale,  and  the  time  for  which  such  premises 
were  bid  off,  and  that  the  owner  is  required  to 
redeem  the  same,  within  thirty  days,  and  any 
person  making  redemption  after  service  of  said 
•  notice,  shall,  within  the  time  therein  provided, 
pay  the  amount  for  which  the  land  was  sold, 
with  the  said  addition  of  twelve  per  cent,  per 
annum,  into  the  city  treasury-  for  the  use  of  the 
person  who  shall  hold  said  certificate.  (Z.  1880, 
CA.  14). 

§   102.     Service  of  notice  to  redeem  — 

The  notice  required  by  the  preceding  section 
shall  be  served  on  the  owner  of  such  land  if  he 
live  in  Rochester,  personally,  or  by  lea\ing  at 
his  residence.  If  such  owner  does  not  live  in 
Rochester,  but  has  an  agent  living  in  said  city, 
whose  appointment  is  in  writing  and  his  name 
entered  in  a  book  to  be  kept  by  the  city  clerk 
for  that  purpose,  then  such   notice    shall    be 


City  of   Rcx  hksikk  -<'o 

Old  Charter 


serv'ed  on  such  agent,  personally,  or  at  his  res- 
idence. If  such  non-resident  owner  does  not 
have  such  agent,  then  such  notice  may  be  serv- 
ed on  any  tenant  in  possession  of  said  prem- 
ises, and  a  copy  thereof  shall  also  be  sent  by 
mail  addressed  to  such  owner  at  his  residence, 
if  the  same  is  known  or  can  be  ascertained  by 
reasonable  diligence  ;  and  if  there  be  no  tenant, 
service  by  mail  as  aforesaid  shall  be  sufficient. 
If  there  be  no  occupant  and  the  residence  of 
such  owner  is  not  known  and  cannot  be  ascer- 
tained by  reasonable  diligence,  or  if  the  owner 
of  such  lands  be  unknown,  then  such  notice 
shall  be  served  by  publishing  the  same  once  a 
week  for  six  successive  weeks  in  at  least  two 
of  the  daily  city  papers,  and  the  cost  of  such 
advertisement  shall  be  added  to  the  amount  al- 
ready accrued  upon  his  certificate.  (Z.  1880, 
Ch.  14). 

§  103.  Notice  to  redeem — It  shall  be  the 
duty  of  the  treasurer  to  deliver  to  the  attorney  of 
said  city  within  one  month  after  the  expiration  of 
two  years  from  the  time  any  lands  have  been  sold 
for  any  tax  or  assessment,  where  the  same 
have  been  struck  off  to  said  city,  a  list  of  all 
such  lands,  with  the  names  of  the  owners  and 
a  description  thereof,  as  the  same  is  described 
on  the  assessment  roll,  containing  the  tax  for 
which  the  same  is  sold.  It  shall  be  the  duly 
of  the  attorney  to  cause  a  notice  to  be  served 
upon  all  owners  of  land  so  purchased  by  said 
city,  in  the  same  form  and  manner  as  specified 
in  the  two  last  preceding  sections.  (/.  1880, 
Ch.  14). 

Note — §  103  changed  by  White  Charter,  §  J()i. 
City  trea.surer  now  gives  the  required  noiice.>*. 

Purchaser  at  tax  sale  cannot  recover  money 
fora  void  tax  from  citv  —  (  >  ttin  v-    |!i..,,kl\  n.  iii' 

N.   V.   ly,. 

Private  purchaser  doeA  not  paN    the  tax — 

Clenitnti  vs.  Jackson,  o.:   N.  \.  5i)i- 

Where  assessment  !s  void  sales  cannot  be 

\alidated — (  roniwtll  \>.  Mi  Lean,  u;  N.  N  .  r? 


•in4  CuARiKR   Law  ok  hik 

Old  Charter 

§  104.  Mayor's  certificate  of  failure 
to  redeem  lands  sold  to  city  ;  treasurer's 
certificate  of  discharge  of  lien  ;  foreclos- 
ure of  equity  of  redemption  :  jurisdiction 
of  municipal  court;  practice;  costs  — 
Whenever  any  lands  in  said  city  shall  ha\c 
been  sold  for  taxes  or  assessments,  and  bid  in 
by,  or  struck  off  to,  said  city,  and  notice  to  re- 
deem shall  have  been  served,  as  provided  in 
the  last  section,  for  more  than  thirty  days,  and 
such  lands  have  not  been  redeemed,  as  before 
provided,  the  mayor  of  said  city  shall  execute 
a  certificate  of  the  fact  of  such  sale  having 
been  made  and  the  lands  struck  off  to  the  city, 
and  that  the  same  have  not  been  redeemed 
which  certificate  shall  be  acknowledged  as  deeds 
to  be  entitled  to  be  recorded,  and  shall  be  record- 
ed in  the  Monroe  county  clerk's  office.  Such 
certificate,  or  the  record  thereof,  or  a  copy  of 
such  record,  duly  authenticated,  shall  in  all 
courts  and  places,  be /^'/wr/yr/r/c  evidence  that 
the  tax  or  assessment  was  legally  imposed,  and 
of  the  regularity  and  legality  of  all  proceedings 
prior  to  such  sale,  and  of  such  sale,  and  that 
notice  has  been  duly  given  to  redeem,  and  that 
such  lands  have  not  been  redeemed.  I'pon 
the  recording  of  such  certificate,  the  said  city, 
or  its  assigns,  shall  acquire  an  absolute  title  to 
•  such  lands,  in  fee,  with  the  right  to  immediate 

possession,  and  may  enjoy  and  hold  such  lands 
free  and  clear  from  all  claim  or  demand  of  any 
owner  thereof,  or  any  person  having  any  lien 
thereon,  or  interest  therein,  but  the  equity  of 
redemption  in  said  lands  struck  off  to  the  city 
shall  only  be  barred  as  hereinafter  provided. 
At  any  time  after  such  certificate  is  executed 
and  recorded,  and  the  tax  or  assessment  men- 
tioned therein  has  been  at  any  time  thereafter 
paid,  the  treasurer  of  said  cit}'  may  execute, 
acknowledge  and  deliver  to  the  owner  of  such 
lands,  so  sold,  a  certificate  to  the  effect  that 
such  tax  or  assessment  has  been  paid,  and 
upon  the  recording  of  the  same  in  the  Mon- 
roe countv  clerk's  oftice   the  said  clerk  shall 


CnV    OK    ROCHESTKR  205 

Old  Charter 


discharge  the  former  certiticate  of  record  in  his 
office,  by  a  proper  entr}'  upon  the  page  contain- 
ing such  record,  the  same  as  in  cases  of  dis- 
charge of  real  estate  mortgages  by  him.  At 
any  time  after  such  certificate  is  executed,  the 
equity  of  redemption  of  all  persons  having  any 
lien  or  interest  in  said  lands  may  be  foreclosed 
by  an  action  to  be  brought  b\-  said  city,  in  the 
supreme  court,  county  court  of  Monroe  county, 
or  the  municipal  court  of  said  city,  which  are 
hereby  given  jurisdiction  over  the  same,  and  in 
which  action  the  same  proceedings  shall  be 
had.  as  nearly  as  may  be.  as  on  the  foreclosure 
of  real  estate  mortgages,  and  judgment  of  strict 
foreclosure,  or  of  foreclosure  and  sale,  may  be 
had  therein,  as  the  court  may  direct.  The 
municipal  court  of  said  city  is  hereby  declared 
to  be  a  court  of  record  for  the  purposes  of 
foreclosure  of  the  equity  of  redemption  of  all 
lands  sold  for  taxes  or  assessments,  and  bid  in 
by,  or  struck  ofif  to.  said  city,  as  herein  provid- 
ed. Actions  in  said  municipal  court  shall  be 
commenced  by  the  service  of  the  summons,  or 
summons  and  complaint,  either  personally  or 
by  advertisement,  or  otherwise,  as  is  provided 
in  relation  to  actions  in  courts  of  record  by  the 
code  of  civil  procedure,  and  the  service  there- 
of may  be  made  in  any  part  of  this  state,  if 
personal,  and  outside  of  the  state  if  by  adver- 
tisement, and  the  process,  pleadings,  proceed- 
ings and  practice  therein  shall  conform,  as  near 
as  may  be.  to  actions  for  the  foreclosure  of 
mortgages  in  the  supreme  court,  except  as 
herein  otherwise  provided,  and  all  costs  and 
disbursements  shall  be  allowed  by  said  court, 
and  taxed  and  adjusted  by  the  clerk  of  Monroe 
county,  and  entered  into  and  become  a  part  of 
the  judgment,  and  article  nine  of  title  one  of 
chapter  fourteen  of  the  code  of  civil  pro- 
cedure, shall  apply  to  actions  commenced  un- 
der this  act.  and  all  pleadings,  papers,  orders, 
reports,  process  and  judgment-rolls,  and  de- 
crees, shall  be  filed,  docketed  and  entered  in 
said   clerk's   office,   and  such    judgments    and 


•J(it»  Chartkr   Law  ok    tup: 

Old  Charter 


Tax  foreclosures — Continued 

decrees  shall  have  the  same  force  and  effect  as 
judgments  of  the  supreme  court,  and  the  ap- 
peal from  any  such  judgment  and  decree  shall 
be  to  the  supreme  court  at  general  term,  in 
the  first  instance,  and  in  the  manner  now  pro- 
vided for  appeals  by  the  code  of  civil  pro- 
cedure, and  the  said  municipal  court  shall  ac- 
quire jurisdiction  in  the  same  manner,  and  to 
the  same  extent,  as  courts  of  record  in  actions 
for  the  foreclosure  of  mortgages,  but  in  no 
action  for  such  foreclosure,  where  judgment 
is  taken  by  default,  shall  there  be  costs  taxed 
to  exceed  ten  dollars,  exclusive  of  disburse- 
ments, except  when  the  amount  of  the  tax  or 
assessments  for  which  such  certificate  was 
given,  including  interest,  shall  exceed  twenty- 
five  dollars,  in  which  case  the  plaintiff  shall 
be  allowed  to  tax  an  additional  sum,  as 
costs,  at  the  rate  of  ten  per  centum, 
and  the  expenses  thereof.  When  such 
action,  however,  is  settled  before  judgment, 
there  shall  be  allowed  as  costs  to  the 
plaintiff  only  one-half  of  the  above  prescribed 
sum  and  rates.  In  an  action  in  said  municipal 
court,  where  a  defense,  by  answer  or  demurrer, 
shall  be  interposed,  the  same  may  be  brought 
to  trial  by  either  part}',  on  five  days'  notice, 
and.  in  addition  to  the  disbursements,  costs 
shall  be  allowed  therein  to  the  prevailing  party, 
as  follows  :  To  the  plaintiff,  for  all  proceed- 
ings before  trial,  ten  dollars  ;  to  the  defendant, 
f(jr  all  proceedings  before  trial,  five  dollars  ;  to 
either  party  for  a  trial  of  an  issue  of  law,  five 
dollars  ;  for  trial  of  an  issue  of  fact,  ten  dollars. 
In  addition  to  the  above,  there  shall  be  allowed 
to  the  plaintiff,  if  judgment  is  rendered  or  de- 
creed in  its  favor,  five  per  centum  on  the 
amount  found  due.  and  for  which  judgment  is 
rendered,  or  a  decree  made,  as  additional  costs. 
It  shall  be  the  duty  of  the  city  attorney,  after 
the  expiration  of  the  time  for  redemption,  to 
brmg  actions  for  the  foreclosure  of  all  liens  for 
taxes  and  assessments  bid  off  bv,  or  struck  oft" 


CiTV  OF  Rochester  'J'IT 

Old  Charier 


to,  the  said  city.  Where  an  action  commenced 
under  this  section  has  been  settled,  and  the  tax 
lien  paid,  an  order  may  be  made  and  entered 
in  said  Monroe  county  clerk's  office,  directing 
the  said  county  clerk  to  make  a  suitable  and 
proper  entry  upon  the  original  record  thereof  in 
his  office  of  said  mayor's  certificate,  and  upon 
such  record  being  so  made,  the  premises  men- 
tioned therein  shall  be  discharged  of  such  tax 
lien.  The  provisions  of  this  section  shall  apply 
to  all  lands  heretofore  bid  in  by,  or  struck  off 
to,  said  cit)'.      (.-Js  amcndcil  L.  icSqo.  C/i.  561). 

Inferior  local  courts  shall  not  be  made 
courts  of  record  nor  have  equity  jurisdiction — 

State  Constitution,  Art.  \I.   i^   iS. 

§  105.  Judgment  creditor  or  mort= 
gagee  may  redeem — Any  judgment  creditor 
or  mortgagee  having  a  lien  on  the  premises 
sold  for  any  tax  or  assessment  under  the  provi- 
sions of  this  charter  may  redeem  the  same 
within  the  same  time,  and  on  the  same  terms 
as  the  owner  thereof  as  hereinbefore  prescribed. 
The  right  of  any  such  judgment  creditor  or 
mortgagee  to  redeem  such  lands  shall  only  be 
cut  off  by  service  of  notice  on,  or  for  him,  in  the 
same  manner  as  provided  hereinbefore  as  to  the 
owner,  or  where  his  ecjuity  of  redemption  is  fore- 
closed, as  provided  in  this  charter.  (Z.  1H80, 
Ch.    14). 

§  106.  l.ien  of  mortgagee  or  judg- 
ment creditor  -K\ery  such  mortgagee  or 
judgment  creditor  shall  have  a  lien  on  the 
premises  redeemed  by  him.  by  virtue  of  this 
act,  for  the  anunmt  necessarily  paid  by  him  to 
effect  such  redemption,  wilh  the  interest  which 
may  thereafter  accrue  thereon,  in  like  manner 
as  if  the  same  had  been  included  in  his  mort- 
gage or  judgment,'  and  may  enforce  the  same 
in  the  same  manner.     (/,.    1S80.   Ch.    14). 

§    107.     Definition  of  mortgagee — The 

term  "  morti^agee."  sh.dl  be  construed  to  in- 
clude the  personal  representatives  of  such  mort- 


208  Charter  Law  ok  the 

(Jlcl   Charter 


gagee  and  assignees  whose  assignments  shall 
be  duly  recorded,  and  their  personal  represen- 
tatives.    (Z.   1880,   67/.  14). 

§  108.  Proceedings  to  acquire  title 
to  lands  sold  for  taxes  to  parties  other 
than  city — An  affidavit  of  the  service  of  the 
notice  required  by  the  preceding  sections  of  this 
title,  in  order  to  determine  the  time  of  redemp- 
tion of  such  lands,  specifying  the  time  of  such 
service,  and  taken  before  an  officer  authorized 
to  take  affidavits  to  be  read  in  courts  of  record, 
shall  be  filed  with  the  clerk  of  the  city  within 
ten  days  after  such  service,  and  the  said  affida- 
vit shall  be  presumptive  evidence  of  the  facts 
contained  therein.  And  the  clerk  shall  keep  a 
carefully  indexed  record  of  the  same.  If  the 
said  lands  so  sold  in  the  manner  herein  pro- 
vided shall  not  be  redeemed  within  the  time 
and  in  the  manner  in  this  title  hereinbefore 
prescribed,  the  holder  of  such  certificate  shall, 
at  the  expiration  of  such  time,  be  entitled  to  a 
lease  of  said  premises  for  the  term  for  which 
the  same  were  bid  off,  which  term  shall  com- 
mence two  years  from  the  time  of  the  sale  of 
said  lands  ;  said  lease  to  be  given  by  the  mayor, 
or  other  officer  legally  discharging  the  office  of 
mayor,  under  the  corporate  seal  of  the  said 
city,  on  production  to  him  of  a  certificate  of  the 
city  clerk  that  an  affidavit  was  filed  as  by  the 
next  preceding  section  provided,  and  a  certifi- 
cate of  the  city  treasurer,  that  the  money  has 
not  been  paid  to  redeem  said  lands,  which  lease, 
or  the  record  thereof,  or  a  duly  certified  copy 
of  such  record,  shall  be  prima  facie  evidence 
in  all  courts  and  places  that  such  tax  or  assess- 
ment was  legally  imposed,  and  of  the  regularity 
and  correctness  of  such  sale  and  of  all  proceed- 
ings prior  thereto,  and  that  notice  has  been 
given  to  redeem,  and  that  such  lands  have  not 
been  redeemed  ;  and  the  said  lessee,  his  heirs 
or  assigns  shall  have,  hold  and  enjoy  the  said 
premises  during  the  term  for  which  the  same 
were  granted  to  him.  free  and  clear   from   all 


City  of  Rochester  209 

Old  Charter 


claim  of  any  owner  or  occupant  of  the  same,  or 
of  any  person  having  any  lien  thereon  or  inter- 
est therein,  but  subject  to  any  taxes  or  assess- 
ments that  may  be  charged  thereon,  during  the 
said  term  ;  and  at  the  expiration  of  such  term, 
such  lessee,  his  heirs  or  assigns,  may  remove 
any  building  or  fixtures  that  may  have  been 
erected  on  the  said  premises  during  the  said 
term.  But  no  lease  or  conveyance  of  such 
lands,  or  any  part  thereof,  shall  be  executed  by 
the  mayor,  or  any  person  discharging  the  duties 
of  the  ofifice  of  mayor,  until  all  city  taxes  and 
assessments  upon  such  lands  shall  have  been 
paid.     (Z.  1880,    Ch.   14). 

§  109.  Proceedings  of  council  to  col= 
lect taxes  on  lands  imperfectly  described; 
power  of  council  to  correct  taxes  or  assess- 
ments— Whenever  the  said  common  council 
shall  discover  that  any  lands  on  which  any  tax 
or  assessment  remains  unpaid  have  been  so 
imperfectly  or  erroneously  described  that  the 
same  cannot,  in  their  opinion,  be  located  with 
certainty,  or  that  a  sale  thereof  would  not  con- 
vey to  a  purchaser  a  valid  title  to  the  lands 
intended  to  be  charged  with  such  tax  or  assess- 
ment, by  reason  of  the  misdescription  thereof, 
the  said  common  council  shall  cause  an  accu- 
rate description  of  the  lands  intended  to  be 
charged  with  such  tax  or  assessment  to  be  an- 
nexed to  the  annual  assessment  roll  for  the 
general  expenses  of  the  said  city,  and  shall 
charge  the  said  land  with  the  amount  of  such 
taxes  or  assessments  incurred,  with  the  interest 
thereon,  from  the  time  the  same  ought  to  have 
been  paid,  specifying  the  purpose  for  which  the 
same  was  originally  assessed,  and  the  time 
when  the  same  was  returned  for  non-payment  : 
and  the  amount  so  charged  shall  be  collected 
in  the  same  manner  and  the  same  proceedings 
shall  be  had  in  case  of  non-payment  of  the 
same,  as  in  relation  to  taxes  for  the  general 
expenses  of  the  said  city.  The  power  conferred 
by  this  section  may  be  exercised  in   respect  to 


210  Charter  Law  of  the 


Old  Charter 


any  lands  heretofore  returned  to  the  city  treas- 
urer, and  shall  extend  to  all  lands  embraced  in 
the  terms  of  this  section,  whether  the  same 
may  have  been  sold  under  such  imperfect  de- 
scription or  not ;  and  in  case  any  mistake  or 
error  has  been  or  shall  be  committed  in  any  of 
the  proceedings  in  making  any  tax  or  assess- 
ment upon  any  property,  real  or  personal,  the 
common  council  shall  have  power  to  correct 
such  tax  or  assessment,  or  to  remit  the  same, 
if  uncollected,  and  to  refund  the  same,  if  col- 
lected ;  and  the  amount  or  aggregate  of  the 
sums  so  remitted  or  refunded  shall  be  added  to 
the  gross  amount  of  taxes  to  be  assessed  and 
collected  the  next  succeeding  year,  and  shall 
be  collected  with  the  taxes  for  the  general  ex- 
penses of  the  city,  and  in  the  same  manner. 
(/.    1880.   Ch.    14). 

Special  Note— §§  110,  111,  112,  113,114, 
115,  Stem  10  be  out  of  order  here  as  they  pertain 
specially  to  the  department  of  finance;  but  they  are 
left  at  this  place  in  the  same  position  they  occupy  in 
Title  V,  Old  Charter. 

§   1 10.     Renewal  of  bonds;    exchange 

of  water  works  bonds — It  shall  be  lawful 
for  the  said  cit}'  to  renew  and  extend  the  period 
for  payment  of  the  bonds  or  certificates  out- 
standing against  the  said  city,  and  which  con- 
stitute the  funded  debt  of  said  city,  by  issuing 
new  bonds  and  certificates  therefor,  but  such 
bonds  and  certificates  shall  recite  or  specify 
therein  the  bonds  or  certificates  for  the  renewal 
of  which  such  bonds  or  certificates  shall  be 
issued.  The  common  council  shall  have  power 
to  issue  in  exchange  for  the  water  works  bonds 
of  said  city,  heretofore  authorized  and  from 
time  to  time  outstanding,  registered  bonds  of 
the  said  city,  for  the  same  amount,  payable  at 
the  same  time  and  with  the  same  rate  of  inter- 
est, under  such  regulations  as  the  common 
council  may  prescribe  ;  provided,  however,  that 
no  new  bond  shall  be  signed  by  any  officer 
until  the  bond  for  which  it  is  to  be  exchanged 


ClTV    OK    ROCHKSTER  lill 


Old  Charter 


shall  be  canceled,  with  the  certificate  of  the 
city  treasurer  or  otheV  city  officer,  and  either 
deposited  in  his  office  or  disposed  of  as  the 
common  council  may  direct.     (/,.  1880.  Ch.  14). 

§   III.     General     sinking    fund — The 

treasurer  of  the  city  of  Rochester  shall  place  to 
the  credit  of  a  fund  to  be  known  as  the  general 
sinking  fund  one  per  centum  of  the  total  amount 
of  the  park  bonds  directed  to  be  raised  pursu- 
ant to  section  eighteen  of  chapter  one  hundred 
and  ninety-three  of  the  laws  of  eighteen  hundred 
and  eight)'-eight ;  the  difference  between  the 
amount  received  from  the  New  York,  Lake 
Erie  and  Western  Railroad  Company,  and  the 
amount  necessary  to  pay  any  bonds  of  the 
Genesee  Valley  Railroad  and  the  interest 
thereon  ;  the  amount  received  as  rent  for  the 
arsenal  site;  the  percentage  of  the  gross  re- 
ceipts of  the  Rochester  Railway  Company 
contracted  to  be  paid  to  the  city  ;  all  surplus 
receipts  for  water  rents  after  the  payment  of 
operating  expenses,  salaries,  repairs,  mainte- 
nance or  extension  of  said  works,  interest  upon 
the  water  bonds  issued  for  the  construction  of 
said  works  or  for  the  further  extension  of  the 
same,  also  such  penalties  as  may  be  collected 
for  violations  of  the  regulations  of  the  execu- 
tive board  governing  the  use  of  the  city  water 
supply  and  any  moneys  now  in  his  possession 
received  from  any  of  the  above  sources  not 
otherwise  appropriated,  and  the  amount  so 
credited  and  the  additions  and  accretions 
thereto  shall  constitute  a  fund  for  the  redemp- 
tion of  the  city's  bonded  debt  and  for  that 
purpose  only.  The  mayor  of  said  city  shall, 
on  or  before  the  first  day  of  June,  eighteen 
hundred  and  ninety-four,  and  every  third  year 
thereafter  appoint  a  citizen  of  said  city,  other 
than  a  city  officer  or  employee,  who,  with  the 
mayor,  treasurer  and  president  of  the  common 
council  of  said  city,  shall  constitute  the  board 
of  trustees  of  said  sinking  fund,  which  shall  be 
a  body  corporate,  and  shall  have  the  care  and 


212  Charter  Law  of  the 


Old  Charter 


General  sinking  fund — Continued 

direction  of   said  sinking  fund,  subject   to  the 
ordinances  of  the  common  council.     Said  trus- 
tees are  hereby  authorized  and  empowered  to 
pay  and    redeem    any  portion  of   the   bonded 
debt  now  or  hereafter  a  charge  upon  said  city 
as  it  may  mature  (for  the  redemption  of  which 
no  special  provision   of   law  exists  except  the 
bonds  issued  pursuant  to  chapter  one  hundred 
and  ninety-three  of  the  laws  of  eighteen  hun- 
dred and  eighty-eight)  and  also  such  bonds  as 
may  be    surrendered   by  the    holders    thereof 
before  maturity  whene\'er  they  may  deem  it  to 
be  for  the  interest  of  said  city  so  to  do.     Said 
sinking  fund  shall  be   used   solely  in  the  re- 
demption  and   payment  of  the  city's  bonded 
debt,  and  when  there  are  no  such  city  obliga- 
tions falling  due  upon  which  the  same  can  be 
applied,  they  may  be  used  in  the  purchase  of 
any  of  the  city's  bonds,  not  clue,  or  any  city 
bonds  to  be  issued,  or  may  be  invested  in  such 
other  manner  as   such  board  of  trustees  may 
elect,  or  may  be  deposited  in  such  banks,  at 
the  highest  rate  of  interest  obtainable,  as  shall 
be  selected  by  said  trustees,  until  such  bonds 
may  fall  due,  to  the  payment  of  which  they  can 
be  applied,  and  whenever  any  of  the  bonds  of 
said  city  are   about  to  be  issued,  the  trustees 
of  said   sinking  fund  shall,  at  their  option,  be 
permitted  to  purchase  so  much  or  so  many  of 
them  as  they  may  desire  at  their  par  value,  and 
shall  hold  the  same  as  a  part  of  said  sinking 
fund.     Said  trustees  shall,  at  their  last  meet- 
ing in  each  fiscal  year,  present  to  the  common 
council   a   detailed  statement  of  the  receipts, 
disbursements   and  investments  made   during 
the   fiscal   year  then   ending,  pursuant  to  the 
provisions  of  this   act  :  the  several  securities 
and  investments  held  (whether   cancelled  or 
not),  stating  the   law  under  and  the  purpose 
for  which  the  same  were  respectively  issued, 
giving  their  respective  amounts,  date  of  issue, 
and   maturity,  and  the  numbers  of  the  bonds 
or  securities   and  the  rate  of  interest  payable 


City  of  Rochester  213 


Old  Charter 


thereon,  together  with  any  other  proper  de- 
scription of  the  same  ;  the  amount  of  interest 
received  on  such  deposit ;  what  city  bonds 
maturing  during  the  year  then  ending  have 
been  paid  out  of  said  sinking  fund :  the 
several  amounts  in  which  city  bonds  have  been 
issued  ;  the  date  of  their  issue :  the  rate  of 
interest  payable  ;  the  times  when  the  interest 
and  principal  of  the  respective  bonds  fall 
due,  and  also  the  authority  under  which  and  the 
object  or  purpose  for  which  they  were  respec- 
tively issued.  When,  by  any  act  authorizing 
the  creation  of  any  part  of  the  present  funded 
debts,  any  property  or  revenues  of  the  said 
city  were  pledged  or  appropriated  to  the  pay- 
ment of  any  such  funded  debt,  such  property 
or  revenues  shall  continue  to  be  so  pledged 
and  appropriated  to  the  payment  of  the  bonds 
or  certificates  which  shall,  by  virtue  of  this  act, 
be  substituted  for  such  part  or  parts  of  such 
funded  debt.     (As  avicndcd  L.  1894,  C/i.  520). 

NoTK — See  White  Charter,  §§  26  and  69,  this  book, 
pp.  38  and  75  as  to  creation  of  funded  debts  and  the 
present  custody  of  sinkiiiLj  fund. 

§  112.    Warrants  drawn  on  treasurer — 

No  money  shall  be  drawn  from  the  city  treasury 
unless  it  shall  have  been  previously  appro- 
priated to  the  purpose  for  which  it  shall  be 
drawn,  and  all  ordinances,  resolutions  and 
orders  directing  the  payment  of  money  shall 
specify  the  object  and  purpose  of  such  pay- 
ment, and  the  particular  fund  from  which 
payment  is  to  be  made,  and  the  same,  with 
the  approval  of  the  mayor,  shall  be  certified 
by  the  clerk  of  the  common  council  to  the  city 
treasurer,  before  any  payment  shall  be  made 
by  him,  except  as  otherwise  expressly  pro- 
vided.     (/..  1880,  C/i.  14). 

NoTK — §§  112,  113,  114  and  1 15,  Old  Charter,  here 
printed,  are  probably  superseded  by  the  provisions  of 
the  White  Charter,  §§  7C)-S6,  this  book,  pp.  75-77, 

>;  113.  Deposits  of  city  money  by 
treasurer — All  uKjneys  received  by  the  treas- 
urer belonging  to  the  city  shall  be  deposited 


:14  CiiARiKR    Law   ok    tiik 


Old  Charter 


in  one  or  more  of  the  banks  of  the  city,  to  be 
designated  by  the  common  council,  and  the 
treasurer  shall  keep  a  bank  book  with  every 
bank  in  which  any  money  of  the  city  shall  be 
deposited,  in  which  shall  be  entered  all  sums 
received  by  such  bank  to  the  credit  of  the 
treasurer,  and  all  sums  paid  out  on  his  checks 
and  drafts,  which  books  shall  be  written  up, 
and  the  balance  stated  on  the  last  day  of  each 
week,  and  at  any  other  time  when  the  mayor 
shall  direct.  And  every  member  of  the  com- 
mon council  shall  be  entitled,  during  usual 
banking  hours,  to  inspect  the  account  of  the 
treasurer  with  any  bank  in  which  deposits  of 
money  are  made.  The  common  council  shall 
always  have  the  right  to  order  the  deposits 
transferred  to,  and  made  in,  any  other  bank  or 
banks.     (Z.  1880.  CJi.  14). 

§  114.    Treasurer's  check  must  specify 

fund — Every  check  drawn  by  the  city  treas- 
urer, and  countersigned  as  hereinafter  pro- 
vided, shall  specify  the  particular  fund  out  of 
which  the  payment  by  such  check  is  to  be 
made.      {L.  1880,  Ch.  14). 

??    115.      Treasurer's    check    must    be 

countersigned — No  money  placed  to  the 
credit  of  the  treasurer  in  any  bank  shall  be 
drawn  out  unless  by  a  check  signed  by  the 
treasurer  and  countersigned  by  the  clerk,  or 
by  such  other  officer  or  person  as  the  common 
council  shall  appoint,  or  as  is  by  this  charter 
designated  for  that  purpose  ;  of  which  appoint- 
ment notice  shall  be  given  to  the  banks  in 
which  such  deposits  shall  be  made,  and  a  copy 
of  this  section  shall  be  delivered  to  the  cashier 
of  every  such  bank,  before  making  deposits 
therein.     (/.  1880,  C/i.  14). 

i?  I  iC).  Supervisors  to  annex  warrant 
to  assessment  rolls  ;  county  treasurer  to 
enforce  collection — After  the  board  of  super- 
visors of  the  county  of  Monroe  shall  have 
equalized  and  corrected  the  assessment  rolls 


City  of  Rochester  215 


Old  Charter 


of  the  city  of  Rochester,  and  shall  have  in- 
serted therein  the  county  taxes  levied  and 
assessed  by  them,  they  shall  annex  to  each 
roll  a  warrant  under  the  hands  and  seals  of  the 
chairman  and  clerk  of  the  board  of  supervisors, 
commanding  the  treasurer  of  the  county  of 
Monroe  to  collect  from  the  several  persons 
named  in  said  rolls  the  sums  mentioned  in  the 
last  column  of  each  roll  opposite  their  respec- 
tive names,  and  autliorizing  the  said  treasurer, 
in  case  any  person  named  in  the  roll  shall  re- 
fuse or  neglect  to  pay  his  taxes  before  the 
fifteenth  day  of  April  next  ensuing,  to  levy  the 
same  by  distress  and  sale  of  goods  and  chattels 
of  such  person,  and  they  shall  on  or  before 
the  fifteenth  day  of  January  next  ensuing, 
deliver  the  said  rolls  to  said  countv  treasurer. 
(/.  1880,  Ch.  14). 

Act  in  relation  to  the  collection  of  taxes  in 
Monroe  county,  L.  1SS4,  Ch.  107,  published  in  full 
this  bcok,/(».f/.     See  Inde.x. 

§    117.     Notice  to  pay    county   taxes; 

interest — Immediately  after  receiving  such 
rolls  and  warrants,  the  count}-  treasurer  shall 
give  public  notice,  by  advertisement,  in  all  the 
daily  newspapers  printed  in  the  city  of  Roch- 
ester, that  all  persons  named  in  said  rolls  are 
required  to  pay  their  taxes  to  him  at  his  office 
before  the  fifteenth  day  of  April  then  next,  and 
stating  the  amount  to  be  added  if  payments 
shall  be  delayed :  the  said  treasurer  shall  re- 
ceive the  amount  of  any  tax  levied  on  said 
as.sessment  rolls  during  the  month  of  Januaiy 
and  before  the  first  day  of  February  then  next, 
without  any  addition  thereto  ;  if  the  same  shall 
be  paid  on  or  after  the  first  day  of  February 
and  before  the  fifteenth  day  of  February  next 
succeeding  the  levying  of  said  tax,  he  shall 
charge  and  receive  an  addition  of  one  per  cent.; 
if  paid  on  or  after  the  fifteenth  day  of  I'ebruaiy 
and  before  the  first  day  of  March  then  next,  an 
addition  of  two  par  cent.;  if  paid  on  or  after 
the  first  dav  of  March  and  before  the  fifteenth 


216  Charter  Law  ok  the 


Old  Charter 


day  thereof,  an  addition  of  three  per  centum; 
if  paid  on  or  after  the  fifteenth  day  of  March 
and  before  the  first  day  of  April  then  next,  an 
addition  of  four  per  cent.;  if  paid  on  or  after 
the  fifteenth  day  of  March  and  before  the  first 
day  of  April  then  next,  an  addition  of  four  per 
cent.;  if  paid  on  or  after  the  first  day  of  April 
and  before  the  fifteenth  day  of  April  then  next, 
an  addition  of  five  percent.     (Z.  1880,  Ch.  14). 

>j  iiS.  Publication  of  notice  to  per= 
sons  omitting  to  pay  county  taxes — The 

said  count}^  treasurer  shall  also,  immediately 
after  the  said  first  day  of  April,  give  public 
notice  in  two  of  the  public  newspapers  of  the 
said  city,  to  be  published  in  such  papers  ten 
days,  notifying  all  persons  who  shall  have 
omitted  to  pay  their  taxes,  to  pay  the  same  to 
him  at  his  oftice  before  the  fifteenth  day  of  said 
month,  and  that  in  default  thereof  a  warrant 
will  be  issued  for  the  collection  thereof  accord- 
ing to  law.     (Z.  1880,  Ch.  14). 

5;  119.  County  treasurer  to  issue 
warrants  to  collectors ;  enforcement 
thereof;  appointment  and  removal  of 
collectors;  bonds;  attachment  against 
collectors  ;  misdemeanor — It  shall  be  the 
dui\-  of  the  said  county  treasurer,  upon 
all  taxes  so  remaining  unpaid  on  the  fifteenth 
day  of  April  next  succeeding  the  com- 
pletion of  the  said  assessment  rolls,  to  issue 
so  many  warrants  as  he  shall  deem  proper, 
under  his  hand,  each  directed  to  any  per- 
son whom  he  may  see  fit  to  appoint  as 
collector  of  the  taxes  specified  in  such  war- 
rant, commanding  such  person,  as  such  col- 
lector, to  levy  the  amount  of  said  tax,  and  an 
additional  amount  of  five  per  cent.,  and  also 
interest  at  the  rate  of  twelve  per  cent,  per 
annum  from  said  fifteenth  day  of  April,  besides 
the  fees  of  such  collector,  by  distress  and  sale 
of  goods  and   chattels  of  the  persons  against 


CiTV  OF  Rochester  217 


Old  Charter 


whom  the  said  warrants  shall  be  issued,  or  of 
any  goods  and  chattels  in  his  possession, 
wheresoever  the  same  shall  be  found  within 
said  county,  and  to  pay  the  same  to  the  said 
county  treasurer  and  return  such  warrant 
within  twenty  days  after  the  date  thereof ;  and 
no  claim  of  property  to  be  made  to  such  goods 
and  chattels  so  found  in  the  possession  of  the 
said  party  shall  be  available  to  prevent  a  sale. 
After  the  return  of  any  warrant,  the  county 
treasurer,  if  he  deem  expedient,  may  issue  a 
second  or  subsequent  warrant  for  the  taxes 
still  remaining  unpaid,  with  such  percentage 
and  interest  and  fees.  Every  collector  shall 
hold  his  appointment  during  the  pleasure  of 
the  county  treasurer,  and  may,  at  any  time,  be 
removed  or  suspended  by  him,  and  the  county 
treasurer  and  his  sureties  shall  be  liable  for 
any  collector  and  for  all  money  that  may  be 
collected  or  received  by  him.  No  warrant 
shall  be  delivered  to  any  collector  until  he 
shall  have  executed  and  deposited  with  the 
county  treasurer  a  bond  to  the  said  treasurer, 
with  two  or  more  sureties,  approved  by  said 
treasurer,  and  acknowledged  in  the  manner 
required  for  the  recording  of  conveyances  of 
real  estate,  and  conditioned  for  the  faithful 
performance  of  his  duties  as  a  collector  of  the 
taxes  specified  in  such  warrant,  and  for  the 
faithful  accounting  and  paying  over  to  the 
treasurer  of  all  moneys  that  he  may  collect  or 
receive  under  such  warrant.  If  any  collector 
shall  fail  to  return  any  warrant  issued  to  him, 
as  heroin  required,  or  shall  fail  to  pay  over  to 
said  treasurer  all  money  collected  or  received 
by  him.  or  shall  fail  to  render  a  full  and  true 
account  thereof,  the  supreme  court,  or  any 
justice  thereof,  shall  have  jurisdiction,  on  proof 
by  affidavit  or  otherwise,  summarily  to  enforce 
such  return,  payment  or  accounting,  or  all,  as 
the  case  may  be.  by  attachment  and  proceed- 
ings thereon,  in  the  same  manner  as  if  such 
collector  was  a  sherift"  or  officer  of  that  court  ; 
the  interest  and  additional  percentage  shall  be 


218  CnAKiKK    Law  oi    hie 

Old  Charter 


paid  to  the  county  treasurer  with  the  tax,  and 
shall  be  added  to  the  contingent  fund  of  said 
county.  The  said  treasurer,  immediately  after 
receiving  the  bond  of  any  collector,  shall  file 
the  same  in  the  office  of  the  clerk  of  Monroe 
county,  and  the  same  shall  be  a  lien  upon  the 
real  estate  of  any  person  executing  the  same, 
situated  in  said  county  ;  said  collectors  shall 
have  full  power  and  authority  to  execute  such 
warrants  in  any  part  of  the  county.  If  any  such 
collector  shall  neglect  and  refuse  to  pay  over 
any  money  collected  by  him,  he  shall  be  deemed 
guilty  of  a  misdemeanor.     (Z.  1880,   Ch.  14). 

§   120.     Collectors' sales  and  notices — 

The  said  collectors  shall  give  a  public  notice 
of  the  time  and  place  of  sale  of  the  property  to  be 
sold,  at  least  six  days  previous  to  the  sale,  by  ad- 
vertisement to  be  posted  up  in  at  least  three  pub- 
lic places  in  the  ward  or  town  where  such  sale 
shall  be  made.  The  sale  shall  be  by  public 
auction.     (/.  1880,  Ch.  14). 

5?    12  1.     Disposition  of  surplus  on  col= 

lectors'  sales — If  the  property  distrained 
shall  be  sold  for  more  than  the  amount  of  the 
tax  and  percentage  and  interest,  and  the  cost 
of  such  distress  and  sale,  the  surplus  shall  be 
returned  to  the  person  in  whose  pos.session 
such  property  was  when  distress  was  made,  if 
no  claim  be. made  to  such  surplus  by  any  other 
person  ;  if  any  other  person  shall  claim  such 
surplus,  on  the  ground  that  the  property  sold 
belonged  to  him,  and  such  claim  be  admitted 
by  the  person  for  whose  tax  the  same  was  dis- 
trained, the  surplus  shall  be  paid  to  such 
owner ;  but  if  such  claim  be  contested  by  the 
person  for  whose  tax  the  property  was  dis- 
trained, the  surplus  money  shall  be  paid  by  the 
collector  into  the  county  treasury,  there  to  be 
retained  as  a  special  deposit  until  the  rights  of 
the  parties  shall  be  determined  by  due  course 
of  law.     (/,.  1880,  Ch.  14). 


City  ok  Rochester  219 

old  Charter 


§    122.     Sale  of  land  for  county  taxes — 

All  lands  upon  wliicli  the  said  county  taxes 
shall  remain  unpaid  on  the  first  day  of  June 
shall  be  liable  to  be  sold  for  the  taxes  thereon 
in  the  following  August,  as  provided  by  "  An 
act  to  authorize  the  treasurer  of  Monroe 
county  to  sell  property  for  unpaid  taxes," 
passed  April  sixth,  eighteen  hundred  and 
seventy-seven.     (Z.  1880,  Ch.  14). 

Note — The  above  §  122  was  pnibably  repealed  by 
L.  1884,  Ch.  107,  "An  act  in  relation  to  the  collection 
of  taxes  in  Monroe  county."  Published  in  full,  this 
lx)ok,/(>.r/.     See  Inde.x. 

§  170.  Payment  of  public  improve- 
ments— Whenever  by  order  of  the  common 
council  any  new  street  or  alley  shall  be  laid 
out,  opened  or  worked  in  said  city,  or  any 
sewer,  tunnel,  drain,  vault,  dike,  levee,  embank- 
ment or  bridge  shall  be  declared  to  be  a  public 
necessity  or  extended  to  or  beyond  the  city 
limits,  or  any  other  public  improvement  is  to 
be  made,  it  shall  be  the  duty  of  the  common 
council  to  determine  what  portion,  if  any,  of 
the  expense  thereof  ought  to  be  paid  from  the 
public  treasury,  and  what  portion,  if  any.  ought 
to  be  paid  by  local  assessment,  and  to  direct 
that  the  whole  expense  to  be  paid  by  local 
assessment  be  assessed  upon  all  the  lots  and 
parcels  of  land  to  be  benefited  thereby  in  pro- 
portion to  the  benefit  which  each  will  derive 
therefrom.  The  common  coimcil  mav  main- 
tain, improve,  embellish  as  it  may  deem  ad\  is- 
able,  and  protect  any  public  park,  street,  scpiare 
or  area  in  said  city,  and  grade,  sewer  and  pave 
the  streets  and  alleys  thereof  and  make,  grade 
and  improve  sidewalks  about  the  same  or  anv 
part  thereof.  And  they  may  cause  the  whole 
expense  thereof  to  be  assessed  upon  all  the 
lots  and  parcels  of  land  where  the  .streets, 
parks,  squares  or  areas  are  situated  in  propor- 
tion to  tile  benefit  which  eacii  lot  or  parcel  will 
derive  therefrom.  (As  timcndcii  /..\cyo^^,Cfl^2,^^^• 
^<ie  White  Charter.  §§  146,  147  and  14S.  this  lx)ok, 
pp.  106,  107  and  loS. 


"i'iO  Chartkr  Law  ok  tiik 

( )ld   Charter 


Discretion  of  council  in  making  public  ini° 
provements  not  to  be  enjoined— Ikll  vs.  City  of 
Rochester,  6i  St.  Kcp.  j2\. 

Effect  of  reconsidering  an  ordinance  for  a 
local  improvement — Ashton  et  al.  vs.  City  of 
Rochester,  13^  N.  \'.  192. 

Common  council  cannot  exempt  lands  of 
railroad  within  limits  of  prescribed  territory — 

(East  Main  street  bridge  case)  Jcjslyn  vs.  City  of  Roch- 
ester, opinion  by  Nash,  J..  Kquity  ;  aftirnied.  66  App. 
Div.  622. 

Common  council  cannot  assess  entire  ex= 
pense  on  a  railroad  —  (Bronson  avenue  bridge  case) 
People  ex  rel.  W.  N.  ^  .  &  ]'.  R.  R.  vs.  Adams,  SS  Hun 
122  ;  affirmed,  147  N.  V.  722. 

When  owners  of  property  situate  outside 
city  limits  ])etition  city  to  make  improvement  and 
agrc'C  to  pay  share  of  expense,  and  thereafter,  and  be- 
fore improvement  was  completed,  the  boundaries  of 
the  city  were  extended  to  include  the  said  property  of 
petitioners,  held,  that  such  property  might  be  assessed 
for  a  proportionate  share  of  the  expense  even  though, 
in  the  meantime,  the  ownership  had  changed — Matter 
of  Hollister  et  al.,  opinion  by  Nash,  J.,  Equity, 
Misc. 

§  171.  Improvement  paid  by  local 
assessment  how  ordered ;  patented  im= 
provements — The  common  council  shall  not 
open  or  widen  any  street  or  alley,  or  make  or 
ordain  any  work  or  improvement,  the  expense 
whereof  is  to  be.  defrayed  in  whole  or  in  part 
by  a  local  assessment,  except  upon  a  petition 
of  a  majority  of  the  owners  of  property  to  be 
assessed  therefor,  unless  three-fourths  of  all 
the  members  elected  to  said  common  council 
vote  therefor,  after  allegations  have  been 
heard.  No  improvement  which  shall  be 
covered  by  letters  patent  shall  be  adopted, 
except  upon  the  petition  of  two-thirds  of  all 
the  owners  of  property  to  be  assessed  therefor. 
(Z.  1880,  67/.  14). 

See  White  Charter  §  125,  this  book,  p.   10;^. 

Change  of  grade  without  compensation  or 
liability — Lynch  vs.  New  York,  76  N.  Y.  60;  Heisler 
\s.  New  ^'ork,  104  N.  Y.  68;  Moore  vs.  City  of 
Albany,  98  N.  Y.  407;  Conklin  vs.  N.  Y.  O.  &  W. 
Ry.  Co.,  102  N.  Y.  107. 


City  of  Rochester  221 


Old  Charter 


ii  172.  First  ordinance  for  improve- 
ment; publication  of  notice  thereof;  aiie= 
jrations ;  amendments;  final  ordinance; 
supplemental  ordinance  for  deficiency ; 
bids  to  be  advertised  for;  bond  ac= 
companyinjf  same;  openinjj  bids;  let- 
tinjr  contract;  bond  accompanying  con= 
tract;  guarding  work — Before  the  com- 
mon council  shall  determine  to  make  any 
such  public  improvement,  they  shall  cause  an 
estimate  thereof  to  be  made,  and  shall,  by  an 
entry  in  their  minutes,  describe  the  portion  of 
the  city  which  they  deem  proper  to  be  assessed 
for  the  expense  of  such  improvement.  In 
case  where  the  taking  of  land  or  the  acquire- 
ment of  a  right  or  easement  therein  is  neces- 
sary, it  shall  not  be  necessary  to  include  the 
damages  and  charges  therefor  in  the  estimated 
expense.  A  notice  shall  be  published  daily  in 
at  least  two  of  the  daily  newspapers,  printed 
in  the  city  of  Rochester,  for  four  days,  which 
notice  shall  specify  such  improvement,  the 
estimated  expense  thereof,  the  amount,  if  any, 
to  be  paid  from  the  public  treasury,  and  the 
portion  or  part  of  the  city  to  be  assessed  for 
the  rest  of  the  expense,  and  shall  require  all 
persons  interested  in  the  subject-matter  of 
such  improvement  to  attend  the  said  council 
at  the  time  appointed  in  such  notice.  At  the 
time  appointed  in  such  notice,  or  the  time  to 
which  the  hearing  of  the  meeting  for  which 
the  notice  is  given  is  adjourned,  the  said  coun- 
cil shall  proceed  to  hear  the  allegations  of  the 
persons  interested  in  the  subject-matter  of 
such  improvement,  and  after  hearing  the  same 
shall  make  such  further  order  in  respect  to 
such  imjjrovement  as  they  shall  deem  jiroper. 
Whenever  the  ordinance  or  resolution  of  such 
improvement  is  amended  by  increasing  the 
territory-  or  portion  or  part  of  the  city  to  be 
assessed  for  the  expense  or  some  part  thereof, 
as  aforesaid,  or  increasing  the  estimate  of  the 
expense  thereof,  after  publication  as  aforesaid, 
the  final  action  thereon  shall  not  be  had  until 


222  Charter  Law  of  the 


Old  Charter 


Local  improvements — Continued 

a  new  notice,  specifying  the  action  proposed 
to  be  taken  and  conforming  to  the  requisites 
above  provided  for  notices,  shall  be  published 
for  the  same  period  of  four  days  by  or  under 
the  direction  of  said  council  or  clerk.  And 
whenever  the  said  improvement  is  changed  so 
that  expense  thereof  shall  or  may  exceed  the 
original  estimate  therefor,  the  difference  when 
ascertained,  may  be  assessed  by  or  under  the 
direction  of  said  council  upon  the  same  terri- 
tory mentioned  in  the  original  resolution  or 
ordinance  for  such  improvement,  or  such  other 
territory  as  said  council  may  deem  to  be  bene- 
fited by  such  improvement,  notice  of  such 
intention,  specifying  the  action  proposed  to  be 
taken,  the  amount  of  such  deficiency  and  the 
territory  proposed  to  be  assessed  shall  be  given 
by  a  notice  published  under  the  authorit}^  and 
in  the  manner  and  form  and  for  the  time  afore- 
said. The  executive  board  is  hereby  directed 
to  cause  a  notice  to  be  published  in  one  or 
more  of  the  daily  newspapers  of  said  cit)',  at 
least  ten  days  before  the  letting  of  any  con- 
tract for  sealed  proposals  therefor,  each  to  be 
accompanied  by  a  bond  signed  by  at  least  two 
responsible  sureties,  conditioned  that  the  per- 
son, firm  or  corporation  making  such  bid,  if  it 
is  accepted,  will  perform  the  work  or  furnish 
the  materials,  or  both,  mentioned  in  such  pro- 
posals, and  fulfill  any  contract  that  may  be 
made  with  him,  them  or  it,  and  the  amount 
specified  in  the  bond  shall  be  recoverable 
thereon  in  case  the  proposer  fails  to  perform 
the  conditions  of  the  bond  and  its  accompany- 
ing proposal ;  such  bids  shall  be  opened  on 
the  day  named  in  such  notice.  Said  board 
may  let  any  contract  as  it  deems  for  the  best 
interests  of  taxpayers,  hut  it  shall  publish  all 
bids  received  by  it,  and  the  persons,  firms  or 
corporations  to  whom  contracts  are  awarded. 
Such  contracts  shall  be  enforceable  by  and  in 
the  name  of  the  city  of  Rochester,  or  said 
executive  board  as  such.    Neither  the  principal 


City  of  Rochester  223 


Old  Charter 


or  sureties  on  any  bid  or  bond  shall  have  the 
right  to  withdraw  or  cancel  the  same  until  the 
board  shall  have  let  the  contract  for  which 
such  bid  is  made  and  the  same  shall  have 
been  duly  executed.  No  contract  shall  be  let 
for  any  improvement  at  a  price  greater  than 
the  estimate  thereof,  made  as  aforesaid.  It 
shall  and  hereby  is  declared  to  be  unlawful  for 
any  person,  firm  or  corporation  to  enter  upon 
the  performance  of  any  contract  with  said  city 
or  executive  board,  or  to  enter  upon,  cumber, 
take  possession  of,  or  to  dig,  excavate  or  inter- 
fere with  any  of  the  streets,  avenues,  lanes, 
alleys,  parks,  squares,  or  places  within  the  city 
until  after  a  contract  and  accompanying  bond, 
when  such  contract  or  bonds  is  required,  is 
duly  and  properly  executed  and  approved  by 
said  board,  or  other  officer  or  body  authorized 
to  enter  into  or  approve  the  same  for  or  on 
behalf  of  the  city.  Kvery  person,  firm  or  cor- 
poration performing  any  contract  with  the  cit)' 
or  executive  board,  shall  also,  during  the  per- 
formance thereof,  protect  and  guard  the  work 
with  proper  and  suitable  barriers  and  burning 
of  lights  thereat.  (As  amended  Z.  1890,  Ch. 
561). 

See  White  Cliarter,  §§  i::o.  121,  \Z2,  125,  14^)  and 
147,  this  book,  \)\>.  ()(>.  10 1.  10^.  106  and  107. 

Statute  authorizing^:  a  local  assessment 
must  provide  for  notice— McLaughlin  vs.  .Mill.r. 
\z\  N.  \.  \\o  :    Kt-ni'-i  11  \s.    Whcrln.  10;  N.    \'.    57  V 

«j  17  V  F^roceedinjrs  to  acquire  lands 
for  improvements  ;  purchase — Whenever 
the  conunon  council  shall  determine  to  make 
any  of  the  improvements  in  this  title  specified, 
or  to  obtain  any  lands,  or  rights  or  easements 
therein,  for  the  purposes  of  .Mount  Hope  ceme- 
tery or  any  other  corporate  purposes  mentioned 
in  this  act.  and  that  the  lands  of  any  person 
or  corporation,  or  any  right  or  ea.sement  there- 
in, will  be  necessar)'  for  that  purpose,  they 
shall  enter  upon  their  minutes  a  resolution  or 
ordinance  declaring  such   determination,   con- 


224  Charter  Law  of  the 

( »Id  Charter 


taining  a  description  of  the  land,  or  right  or 
easement  so  deemed  necessary  ;  and  also  that 
part  or  portion  of  said  city,  which  said  com- 
mon council  deem  will  be  benefited  by  said 
improvement  therein,  they  may  purchase  the 
land,  or  right  or  easement  therein  deemed  nec- 
essary, of  the  owner  thereof,  and  make  him 
such  compensation  as  they  shall  judge  reason- 
able ;  and,  thereupon,  shall  receive  from  such 
owner  a  conveyance  thereof  to  the  city,  and, 
for  the  purposes  of  such  purchase  or  negotia- 
tions therefor,  they  may  authorize  the  execu- 
tive board,  or  commissioners  of  Mount  Hope 
cemetery  of  said  city  to  negotiate  therefor,  sub- 
ject to  the  approval  of  said  common  council. 
(As  aviended L.  1892,  Ch.  190). 

Note — As    to    acquisition    of    lands,    see    White 
Charter,  §  149,  this  bool<,  p.  109. 

Wide  discretion  as  to  area  benefited — In  re 

extension  of  Cliurcli  Street  in  city  of  New  ^'ork,  49 
Barb.  455. 

J?  174.     Common    council     may    order 
condemnation    of    lands;   filing  map — In 

case  the  said  common  council,  executive  board 
or  commissioners  of  Mount  Hope  cemetery 
are  unable  to  agree  with  the  owner  for  the  pur- 
chase of  any  real  estate  or  lands,  or  right  or 
easement  therein,  required  for  the  purposes 
aforesaid,  the  said  common  council  shall  have 
the  right  to  acquire  title  to  the  same,  in  the 
manner,  and  by  the  special  proceedings  pre- 
scribed in  this  act,  and  for  that  purpose,  a  map 
of  said  street,  alley,  square,  park,  cemetery  or 
other  public  improvement,  or  right  or  easement 
desired,  shall  be  made  and  hied  in  the  office 
of  the  city  clerk,  and  of  the  county  clerk  of 
the  county  of  Monroe,  showing  on  such  map 
the  lots,  tracts  and  parcels  of  land,  and  right 
or  easement  therein  which  are  deemed  neces- 
sary to  be  taken,  and  the  commencement, 
course  and  termination  of  the  road,  street,  al- 
ley, square,  cemetery,  or  park  proposed  to  be 
laid  out,  widened,   extended   or  altered,  or  of 


CllV    OK     K<)»  MKSIKK 
Old   Charier 


the  sewer  or  other  work  or  improvement  pro- 
posed to  be  made  in  or  through  the  land  so  to 
be  taken.  And  said  common  council  may  also 
direct  the  city  attorney  to  take  proceedings 
provided  for  in  this  act  for  the  acquirement  of 
the  same.      {As  amt-iuhul  /..   iS()j.  ('//.  190). 

Private  property  not  to  be  taken    without 
compensation  and  as  prescribed    by    law — Siatt- 

("onsiiiiiiiDn.  Aii.  I.  ijij  (>  and    7. 

Lands  outside  city  limits  may  be  con- 
demned—1. it  tie  vs.  City  ot  Kochesur.  17  Weekly 
Digest.  51;,. 

Lands  held  h\  corporation  may  be  taken  as 
those  of  an  individual— Matt. r  of  Kmiu-ier.  66 
N.  V.4i;v 

City  can  institute  condemnation  proceed- 
ings in  either  supieme  or  county  cmiris ;  a  party  can 
interpi  s ;  any  legal  objection;  an  action  cannot  hi- 
brought  to  enjoin  proceedings — Hooker  vs.  City  of 
Rochester,  57  h\i\i.  I)iv.  ^ya;  affirmed,  172  N.  Y.  66;;. 

5?  175.  Application  for  appointment 
of  commissioners;  publication  and  ser- 
vice of  notice — 'I'lu-  comuinn  tduncil  or  cit\ 
attorney,  shall,  after  the  tiling  of  the  map  here- 
inbefore provided,  cau.se  to  be  published  for 
ten  days,  in  a  daily  newspaper  published  in 
said  city,  a  notice  specifying  and  descriliing 
the  lands  or  the  right  ot  easement  therein  de- 
sired, necessary  for  the  improvement  or  pur- 
pose hereinbefore  mentioned,  and  the  |>orlioii 
of  the  city  deemed  to  be  benefited  bv  reason 
thereof,  and  that  an  appli(  ation  will  Ik*  made 
to  the  county  cotirt  of  thecoimty  of  Monroe  or 
to  a  special  term  of  the  supreme  coiut.  to  be 
held  in  the  seventh  judicial  district,  at  .1  lime 
to  be  specified  in  said  notice,  for  the  appoint- 
ment of  commissioners  to  a.scertain  and  ap- 
praise the  compensation  which  the  owners,  ten- 
ants or  occupants  of  such  lands  and  buildings, 
or  rigiits  and  easements  therein  desired,  or  per- 
.sons  interested  therein  to  be  taken,  will  be  en- 
titled to  for  the  same.  The  common  council, 
or  city  attorney,  shall  also,  at  least  ten  days 
before  the  time   named   for  such    application. 


2*26  CiiAKiKK    Law  oi     iiik 

Old   Charier 


cause  a  notice  to  be  served  on  each  of  the 
owners  of  the  premises,  or  rights  or  easements 
therein,  to  be  taken,  who  are  residents  of  said 
county,  provided  that  the  fact  of  such  resi- 
dence be  known  to  or  can,  by  reasonable  diU- 
gence,  be  ascertained  by  said  city  attorney,  or 
upon  the  occupants  of  said  premises,  either 
personally,  or  by  leaving  the  same  at  their 
several  places  of  abode,  or  in  case  no  person 
can  be  found  at  the  time  of  making  the  service 
residing  at  said  place  of  abode  with  whom  to 
leave  such  notice,  then  such  notice  may  be 
served  by  posting  the  same  in  a  conspicuous 
place  at  such  place  of  abode,  or  upon  the 
premises  sought  to  be  taken,  and  upon  the 
agent  of  any  non-resident  owner.  pro\ided 
such  agent  reside  in  the  city,  and  his  name 
shall  have  been  entered  in  a  book  to  be  kept 
by  the  city  clerk  for  that  purpose,  the  service  to 
be  made  on  said  agent  may  be  personal,  or  in 
the  manner  provided  for  the  service  of  notice 
upon  owners  or  occupants  aforesaid.  (^.r 
amended  L.  1892,  Ch.  190). 

^  176.  Appointment  of  commission- 
ers; qualification  ;  power  of  court  to 
amend  ;  conveyances  sub.sequent  to  com- 
mencement of  proceedings — At  the  time  in 
such  notice  spccilied,  cjr  the  time  to  which  the 
application  may  be  adjourned,  the  said  court, 
upon  filing  proof  by  affidavit  of  the  publication 
and  service  of  such  notice,  as  in  the  last  sec- 
tion specified,  or  upon  sufficient  rea.son  being 
shown  for  the  omission  to  serve  such  notice, 
and  upon  hearing  the  city,  by  its  city  attorney, 
(ir  person  designated  by  liim  for  that  purpose, 
and  also  the  parties  interested,  if  desired,  shall 
appoint  not  less  than  three,  nor  more  than  five, 
commissioners  of  appraisal,  who  shall  be  free- 
holders of  said  cit)-.  not  interested  in  any  of 
the  lands,  rights,  easements  or  buildings  sought 
to  be  taken,  nor  of  kin  to  any  owner  or  occu- 
pant thereof.  The  court  to  which  application 
shall  have  been    made,    as  hereinbefore   speci- 


Cn  V    OK    RorHKSIKK 
Old   Charter 

ticci,  sliall  al.st>  have  power,  at  any  time,  to 
amend  any  defect  or  informality  in  any  of  the 
special  ]5roceedinfj.s  authorized  by  this  act,  in- 
cluding the  map  and  notice  aforesaid,  as  may 
be  necessary  or  proper,  or  to  cause  new  parties 
to  be  served  with  notice,  and  to  direct  the 
manner  of  service  thereof,  as  it  deems  proper, 
and  also  to  appoint  other  commissioners  in  the 
place  of  any  who  shall  die,  or  refuse  or  neglect 
to  serve,  or  be  incapable  of  serving;  and  such 
amendment  may  be  made  at  any  stage  of  the 
proceedings,  and  where  the  mode  and  manner 
of  conducting  all,  or  any  of  the  proceedings  to 
the  appraisal  are  not  expressly  provided  for 
by  this  act,  the  court  before  whom  such  pro- 
ceedings may  be  pending,  shall  have  the  power 
to  make  ail  the  necessary  orders  and  give  the 
proper  directions  to  carry  into  effect  the  object 
and  intent  of  this  act;  and  the  practice  in  such 
cases  shall  conform,  as  near  as  may  be,  to  the 
ordinary  practice  in  such  court:  and  the  power 
of  amendment  shall  be  exercised  as  liberally 
as  directed  to  be  exercised  in  and  by  such 
court  in  actions  by  section  seven  hundred  and 
twenty-three  of  the  code  of  civil  procedure. 
When  any  proceedings  of  appraisal  shall  have 
been  connnenced,  no  change  of  ownershi|)  by 
voluntary  conveyance,  or  other  transfer,  of  the 
real  estate,  or  right  of  easement,  or  of  any  inter- 
est therein,  or  of  the  subject-matter  of  the  ap- 
praisal, shall,  in  any  manner  effect  such  pro- 
ceedings, or  the  easement  made  thereon,  but 
the  same  may  be  carried  on  and  perfected  as 
if  no  such  conveyance  or  transfer  had  been 
made.     (As  amended  I..  i<S<)2.  Cfi.  190). 

iJ    177.     Oath  of  commissioners;  hear- 
ill  >j ;     notice:     damajLies     awarded —  The 

said  commissioners.  .so  appointed,  shall 
take  and  subscribe  the  oath  prescribed  by  the 
twelfth  article  of  the  constitution.  Any  of 
them  may  issue  subpa-nas  and  administer  oaths 
to  witnesses;  a  majority  of  them  may  adjourn 
the  proceedings  before  them  from  time  to  time. 


CiiAKi  KK    Law  <»i     i  iik 
Old   Cliartfi 


in  their  discretion.  They  .shall  alsoj^ive  public 
notice,  by  a  notice  published  daily  for  ten  days 
in  at  least  one  of  the  daily  newspapers  author- 
ized to  publish  corporation  n<;tices,  of  the  time 
when,  and  the  place  where,  they  shall  meet  to 
enter  upon  their  duties.  At  the  time  appointed, 
or  at  any  other  time  or  times  to  which  they 
may  adjourn,  they  shall  proceed  to  view  the 
lands  and  premises  proposed  to  betaken,  and 
hear  the  proofs  and  allegations  of  the  parties, 
and,  after  the  testimony  in  such  cases  is  closed, 
they  shall  appraise  the  damages  which  the 
owner  or  owners,  or  persons  interested,  and  if 
there  be  any  occupants  or  tenants  who  may 
have  a  leasehold  interest  in  the  premises  or 
rights  or  ea.sements  therein  to  be  taken  for 
such  public  improvements  or  purpose,  will 
severally  sustain  by  being  deprived  thereof, 
and  the  compensation  which  they  shall  sever- 
ally receive  therefor:  the  compensation  award- 
ed to  anv  occupant  or  tenant  aforesaid  shall  be 
deducted  from  the  damages  awarded  tf)  the 
owner  or  person  interested  in  the  land  or  right 
or  easement  therein  desired  to  which  th*^  right 
of  such  occupant  or  tenant  exists.  {.'Is  amended 

/,.    i8q2,   Cll.    1()0). 

Ri};ht<;  of  parties  to  award  in  condemnation 

proceedings — In  ix-  kdclnsier,  ric  N.  ^■.  i5>;;  Kin.n 
vs.  .Nt.w  \oik,  lOJ  N.  \'.  171  ;  .Mufiie  vs.  Urotiklyn.  144 
N.  V.  265;  Hookt^r  vs.  Rocliesier.  17 J  N.  V.  (>65; 
Utt»-r  vs.  Richmond.  112  N.  V.  610;  I'aUeixm  vs. 
I'inphamton,  SS  Ilun  272. 

As  to  damages — In  ix-  taking  Ihr  fee  of  till,  Ter 
rate,  y^)  St.  Ke]}.  270;  In  re  e.vtension  of  Cliiirch  Street 
in  the  ciiy  of  Ntw  York.  49  l?arb.  457:  In  re 
widtnin^  of  South  St.  Paul  St.  in  the  city  of  Roches- 
ter, Ss  Ilun  473;  KinRsland  vs.  New  York.  V'^'-^^p. 
4;?3;    Troy  &  linston  R.  R.  Co.  vs.  I.ee.  1  ',    Harl).    ifx). 

§  1 78.  Report  of  commissioners  ;  fil- 
ing; fees;  clerk — .Said  coininissioners  shall. 
as  .soon  as  convenient,  make  their  report,  under 
their  hands,  or  a  majority  of  them,  to  the  com- 
mon council  of  said  city,  in  which  report  they 
shall    describe,  with    all    practicable  certainty. 


CllV    OK     RoiHKSTKk  "J'il* 

Old  Charter 


the  several  pieces  or  pa  1.  Li^  <»l  land,  aiul  tlie 
premises,  or  rij^^hts  and  easements  therein  to  be 
taken  for  such  improvement,  and  the  names 
and  residences  of  the  owner  or  owners  thereof 
respectively,  and  the  riglit  of  such  owners,  as 
far  as  can  be  ascertained,  and  the  amount  of 
thedamagjes  or  compensation  whicli  should  be 
paid  to  each  of  said  owners  and  occupants  : 
they  shall  also  hie  duplicate  copies  of  their 
report,  one  in  the  office  ot  the  city  clerk  and 
one  in  the  office  of  the  clerk  of  Monroe  county. 

They  shall  be  entitled  to  the  sum  of  three  dol- 
lars each  as  their  compensation  for  each  day 
on  which  they  are  actually  and  necessarily  em- 
ployed, and  shall  be  entitled  to  the  service  of  a 
clerk  in  takinj;  the  minutes  of  the  te^limon^ 
j^iven  before  them,  and  keepinj^  minutesof  their 
proceed injjs.  for  which  said  clerk  shall  receive 
three  dollars  for  each  day  spent  by  him  in  the 
business  of  said  connnission.  It  shall  be  law- 
ful for  either  of  said  commissioners  to  act  as 
such  clerk,  and.  in  that  e\ent.  he  shall  receive 
the  additional  compensation  granted  to  a  clerk, 
as  aforesaid,  in  addition  to  his  per  diem  fee 
allowed     as     commissioner,     (.^s  amc/n/fi/  I . 

I  S9.;,  Cfi.  rQo). 

>(  171).  Cunfirniatioii  of  report  I  pon 
the  tiling  ol  siu  h  irpoil  tiie  s.iid  lonunoii  loun 
cil  shall  assign  .»  lime  for  hearing  objections  to 
the  conlirm.ition  thereof,  and  at  the  time 
assigned  shall  hear  the  allegatif)ns  of  all  per- 
.sons  interested,  and  may  take  proof  in  relation 
thereto  from  time  to  time,  and  shall  confirm  the 
said  report  or  may  set  the  same  aside  and  refer 
the  matter  to  the  same  or  tonew  < onunissioners 
to  be  ap|)ointed  by  the  said  court  as  l>efore. 
who  shall,  thereupon,  proceed  as  hereinbefore 
providid.  }Jut  the  coimnon  council  may  set 
aside  said  report  and  abandon  said  improve- 
ment at  an\  time  before  the  final  confirmation 
of  the  as.sessment  "•'!  I1.  nin.ift.  i  ujentioned. 
(/-.  1880.  Ch.  14 » 

See  note  iin  .Schni  kum  <  .1^. .  \\>\\  p.i^i-. 


'I'M)  C'li  \k  ii-.K    Law   oi     ihi. 

old  CMiarter 


Report  of  commissioners  cannot  be  set 
aside  arbitrarily — Schneider  vs.  City  of  Roriiesler. 
K'O    \.    \'.    1(13    (lSi)(;). 

N'oTK — In  Sclineider  case,  \  eoman,  J.,  ivsiiained 
setting  aside  award  and  held  §  179,  unconstiuitional 
(8  Misc.  652;  reversed,  90  Hun  171  ( 1S95);  ap|)eal  dis- 
missed by  Court  of  Appeals,  155  N.  V.  619).  Upon 
trial,  judgment  for  defendant.  (Affirmed  on  appeal. 
)3  App.  Div.  45S :  reversed,  160  N.  \'.  165,  siipru). 
l^itigation,  in  re  Northern  Trust  Co.  etc.  vs.  City  of 
Rochester,  later  forced  the  city  to  abandon  the  im 
provement.     Case  not  reported  (1900). 


§  180.  Possession  of  lands  condemn- 
ed ;  filing  of  report — If  such  report  i.s  not 
appealed  from  in  thirty  clays  as  hereafter 
provided  or  whenever  .such  report  is  finally 
confirmed,  the  common  council,  the  executive 
board,  the  city  or  the  commissioners  of  Mount 
Hope  cemetery  may  take  the  lands  and  prem- 
ises, rights  or  easements  specified  in  the  report 
of  such  commissioners  and  which  have  been 
determined  by  the  common  council  to  be 
necessary  for  such  improvement  on  paying  the 
amount  of  damages  or  compensation  awarded 
to  the  owners  or  occupants  thereof  in  such 
report  less  the  amount  of  any  assessment  made 
against  .such  owner  or  occupant  for  any  part  of 
the  expense  of  such  improvement  when  such 
assessment  has  been  made  or  depositing  the 
same  in  .some  bank  in  the  city  of  Rochester  to 
the  credit  of  the  per.son  to  whom  the  same  is 
awarded  less  such  assessment  if  any  as  aforesaid. 
If  the  assessment  for  any  improvement  has  not 
been  made  and  the  common  council  desires  to 
get  possession  of  the  lands,  rights  or  easements 
condemned  it  may  cause  the  whole  award  to  be 
deposited  in  some  bank  in  said  city  to  the 
order  of  the  persons  entitled  to  the  same  sub- 
ject however  to  the  deduction  of  any  taxes  and 
assessments  that  may  be  liens  on  the  premises 
taken  and  any  assessments  that  may  thereafter 
be  levied  for  the  expense  of  the  improvement 
and  upon  such  deposit  being  made  said  city 
shall  be  entitled  to  the  immediate  possession  of 


Cirrv  OK   Kociih^ihK-  231 

Old  rhartri 


tlic  premises  coiulcmncd.  At  any  time  after 
the  contirmation  of  such  report  the  common 
council  may  direct  that  the  duplicate  copy 
thereof  tiled  in  the  office  of  the  clerk  of  Monroe 
county  hereinbefore  directed  by  section  one 
hundred  and  seventy-ei<iht  of  this  act  to  be  filetl 
shall  be  recorded  at  full  len<jjth  in  said  clerk's 
office  and  said  common  council  may  also  direct 
that  any  report  of  commissioners  of  appraisal  in 
any  proceedin<;s  instituted  for  the  acquirement 
of  lantls  in  the  city  of  Rochester  heretofore  filed 
in  said  Monroe  county  clerk's  ofiice  or  a  certi- 
fied copy  thereof  shall  be  recorded  at  length  in 
said  clerk's  office  with  .  the  same  efTect  as  if 
such  proceeding  had  been  instituted  or  report 
made  and  filed  after  the  amendment  of  this 
section.  W'iienever  any  proceeding  shall  have 
been  taken  by  said  city  to  acquire  any  lands, 
rights  or  easements  by  condemnation  and  any 
improvement  shall  have  been  made  by  said 
city  or  any  of  its  officers  or  departments  on 
such  lands,  rights  or  easements  and  it  shall 
appear  that  all  the  interests  in  said  lands,  rights 
or  easements  ha\e  been  cut  otY  by  such  con- 
demnation proceedings  by  reason  of  the  failure 
lo  j;i\e  notice  of  the  proceedings  or  otiierwise. 
said  defect  in  su(  h  coiulenination  proceedings 
shall  not  invalidate  such  improvements  or  an\ 
assessment  levied  or  to  be  levied  therefor  but 
such  assessment  shall  be  \alid  and  effectual 
notwithstanding  such  defect  in  the  condenuia- 
tion  proceedinj4;s  and  said  city  shall  upon  the 
discovery  of  such  defect  make  application  to 
the  Monroi-  county  i-ourt  t(»  determine  the 
amount  of  money  to  be  deposited  as  securilv 
for  the  payment  of  the  compensation  which 
shall  be  tinally  awarded  to  the  owner  of  the 
interests  not  therefore  acquired.  .Such  amount 
as  said  court  may  direct  shall  be  deposited 
by  said  city  as  directed  as  security  for  the 
jxiyment  of  such  compensation  and  s.iid  citv 
sh.ill  proceeil  immediately  to  c«indenui  b\ 
proieedings  authorized  by  this  charter  or  other 
law  the  interest  not  ac(|uired  and  no  action  «>r 


L'll  \K  I  Kk      I  ,  \\V    Ol       III  K 
Old  C'liartcf 

proceedinij;  shall  meanwhile  he  hn)ii<;hl  a^j^ainst 
said  city  or  its  otVicers  or  departments  by  rea- 
son of  such  defect  other  than  to  compel  pro- 
ceedings to  be  taken  to  cause  such  deposit  to 
be  made  and  to  condemn  the  interest  not 
acquired.  This  amendment  shall  apply  to 
condemnation  proceedings,  improvements  and 
assessments  hereinafter  as  well  as  heretofore 
taken  or  made  by  said  city,  its  officers  or  de- 
partments.        (As    amended     L.      1H97.    Ch. 

5j  i.Si.  Common  council  may  borrow 
money  to  pay  damajj^es — Whenever  it  shall 
he  necessary,  the  coniiiK)!!  council  may  borrow 
the  whole  or  any  portion  of  the  damages  so  to 
be  paid,  and  may  cause  to  be  executed,  to 
secure  the  same,  the  note  or  other  oliligations 
of  said  ritv.      ( /..  1880.  Ch.  14). 

§  i8j.  When  title  vests  in  city  of 
Rochester  under  this  act — When  any  dam- 
ages shall  be  awarded  and  any  assessment  for 
benefits  of  the  improvements  in  respect  to 
which  such  damages  are  awarded  shall  be 
made  upon  the  same  person  or  persons  or  in 
respect  to  the  ownership  of  any  parcel  of  land 
a  part  of  which  or  a  right  of  easement  therein 
shall  be  taken  for  such  improvement,  in  that 
"case  the  said  city  of  Rochester  shall  become 
vested  with  the  title  to  such  land  or  right  or 
ea.sement  therein  so  taken  free  from  any  and 
all  liens  and  incumbrances  of  every  kind  and 
nature,  upon  paying  or  depositing  or  directing 
the  depositing,  according  to  the  provisions  of 
this  act,  the  excess  of  the  amount  so  awarded 
over  and  above  the  amount  so  assessed,  and 
any  other  taxes  and  assessments  which 
may  be  liens  on  the  premi.ses  taken  ;  and  in 
ca.se  the  amount  so  awarded  is  less  than  the 
amount  assessed,  then  upon  the  confirmation 
of  the  a.Ssessment  roll  containing  the  applica- 
tion  of   such    award    upon    such    assessment. 


Ci'iv  <ti    Ko.  II (•  -- Ilk'  'j;^; 

(Jld  Cliartci 


Any  and  all  lands  *rt;quirecl  by  tiic  city  ni 
Kochester  for  any  purpose  under  the  pifi- 
visions  of  this  act  shall  be  deemed  to  be 
acquired  for  public  use.  I. -is  amnuliul  J..  1S97. 
Ch.  784). 

City  cannot  deduct  from  award  taxes  falling 
due  after  proceedings  are  begun — Hutkout  vs. 
Cily  (.f  N.-w   \  <.ik.  171.  N.  V.  ;/.;,. 

Jj    I  S3.     Appeal      from       report,      how 

taken  —  Any  person  considering^  iiiniself 
aggrieved  by  any  part  of  such  report  may. 
within  thirty  days  after  such  confinnation, 
serve  upon  the  mayor  of  said  city  a  notice  of 
appeal  to  the  su])reme  court  from  the  report 
and  determination  of  said  commissioners,  and 
shall  accompany  such  notice  with  a  bond, 
executed  to  the  said  city  by  two  or  more  sure- 
ties, to  be  appro\ed  by  the  mayor  of  the  said 
city,  or  the  county  judge  of  Monroe  county,  in 
the  penalty  of  one  thousand  dollars,  con- 
ditioned for  the  diligent  prosecution  of  the 
said  appeal,  and  for  the  payment  of  all  costs 
and  charges  which  may  be  incurred  by  the 
said  cily  in  resisting  the  same  and  defending 
the  said  report,  in  ca.se  the  same  shall  be  con- 
firmed. A  copy  of  su(  h  notice  shall  also  be 
served  at  the  same  time  u|)on  the  county  clerk 
of  Monroe  county.     ( /,.   i  SSo,  Ch.  1  j  1. 

>j  1S4.  Proceed injC'**  stayed  by  appeal 
--The  giving  ol  ^uch  notice  and  (kli\ering 
such  bond  shall  susj^end  all  further  proceed- 
ings by  the  conunon  council  in  relation  to  the 
taking  of  the  lands  and  tenements,  which  shall 
be  the  subject  of  such  notice,  until  a  decision 
thereon,  as  hereinafter  provided.  ( /,.  1880, 
Cli.   14). 

!j  1S5.  Count>  clerk  to  ccrtity  report 
to  supreme  court  The  county  clerk  of 
.Monrf)e  (.ountv  shall  forthwith,  after  service 
of  such  notice  upon  him,  certify  to  said  supreme 
court   a  copy   of  the    rejiorl    of   said    commis- 

•.*^^.  in  sissinn  laws. 


'2'M  (  "ll  \  k  I  KK     I  ,  \W     1  II       in  K 


( >U1  ('luiittr 


signers,  with  the  liioccedings  and  evidence 
had  before  them,  tiled  with  him  l)y  said  com- 
missioners.    (/.  icS8o,  C7/.  14). 

§  186.  Where  and  how  appeal  heard 
--At  any  general  or  special  term  of  the  su- 
preme court  held  in  the  seventh  judicial  dis- 
trict, the  said  appeal  may  be  brought  to  hear- 
ing before  said  court  upon  eight  days'  notice 
given  to  or  bv  the  said  appellant.     (Z.  1880. 

r//.  14). 

§   187.     Preference    of   appeal;    power 

of  court — The  said  court  shall  consider  the 
said  appeal,  and  examine  all  questions  of  law, 
or  of  fact,  that  may  be  involved  therein,  and 
shall  give  the  same  a  preference  over  other 
cases,  and  shall  confirm  or  annul  such  report, 
as  the  said  court  shall  deem  just.  In  case  of 
annulling  said  report,  the  said  court  may  direct 
a  rehearing  before  the  same,  or  other  commis- 
sioners, to  be  appointed  by  it,  and  in  such 
case,  the  same  proceedings  shall  be  had  on 
such  rehearing,  and  for  the  examination,  cor- 
rection and  review  of  any  subsequent  report, 
as  is  hereinbefore  provided.  'I'he  said  court 
may  direct  that  any  other  party  besides  said 
appellant  and  said  city  be  heard  before  the 
decision  of  such  appeal,  when  it  shall  appear 
that  such  party  has  any  interest  to  be  affected 
by  the  determination  of  said  court.  (.'Is 
amended  I..  1892,  CJi.  190). 

<5    188.     Appeal    from    order  of  special 

term — In  case  such  appeal  shall  be  brought 
10  hearing  at  a  special  term  of  said  court, 
either  party  affected  by  the  order  of  said 
special  term  may  appeal  therefrom  to  the 
general  term  of  said  court  within  ten  days 
after  notice  of  such  order,  by  serving  a  notice 
of  appeal  in  the  usual  manner  of  serving 
notices  of  appeal  in  said  court,  and  if  a  party 
other  than  said  city,  by  giving  a  bond  con- 
ditioned and  approved  as  is  provided  in  sec- 
tion one  hundred  and   seventv-five  of  this  act. 


ClTV    Of    ROCIIKSIKR  235 

Old  (.hartci 

the  said  appeal  shall  be  heard  l)y  the  general 
term  in  the  same  manner  as  provided  in  the 
next  preceding  section,  and  the  decision  of 
said  general  term  shall  be  hnal  and  conclu- 
sive.     (/.  i8So,  Cli.  14). 

Appellate  division  has  jurisdiction  ot    gen- 
eral term — Code  Civil  Pioc,  §  2 jo. 

§    189.     Costs  on   appeal;    liability   of 

sureties — In  case  the  said  report  so  made 
shall  be  con  fumed  in  the  supreme  court,  either 
at  the  special  term,  or  by  the  general  term  on 
appeal,  the  obligors  in  the  bond  given  to  the 
said  city,  as  before  provided,  shall  be  liable  to 
pay  to  said  city  the  same  costs  as  are  allowed 
upon  appeal  in  civil  actions,  to  be  adjusted  by 
the  clerk  of  Monroe  county  ;  and  in  case  the 
said  report  shall  be  corrected  or  modified,  the 
supreme  court  shall  determine,  under  the  cir- 
cumstances of  the  case,  whether  the  applicant 
shall  be  entitled  to  his  costs  and  expenses  : 
and  if  the  same  be  awarded  to  such  applicant, 
they  shall  be  the  same  as  are  allowed  to  said 
city,  and  be  paid  on  adjustment  by  said  clerk, 
by  the  conunon  council  of  said  city,  as  part  of 
the  contingent  expenses  thereof.  ( /,.  iHSo. 
67/.  14). 

§  if)o.  Ordering  assessment  for  dam- 
ages avsarded  and  expenses;  publication 
of  notice  for  hearing  W  henever  the  amount 
of  dam.iges  tor  the  taking  of  any  lands  and 
premises  afore.said,  or  rights  or  easements 
therein,  shall  be  fmally  ascertained  and  fixed, 
in  the  manner  herein  provided,  the  I'ommon 
council  may  order  that  the  assessors,  if  not 
interested  in  any  of  the  property  to  be  taken, 
shall  proceed  to  apportion  and  assess  the  esti- 
mated expenses  of  the  impro\ement.  or  the 
portion  thereof  to  be  assessed,  as  aforesaid, 
with  the  amount  of  such  damages,  and  all  tin- 
costs  and  charges  of  the  city  in  the  proceed- 
ings, upon  the  lots  and  parcels  of  land  within 
the  territory  deemed  by  the  resolution  or  ordi- 
nance of  the  common  council  relative  thereto. 


-;■>•»  CllAklKK     l,\U     «M       I  III- 

Old  Charter 

to  be  iK'Hclitccl  by  siith  iini^rox  cmciit,  as  near 
as  may  be.  in  proportion  to  the  benefit  which 
each  shall  he  deemed  to  receive  thereby. 
Before  niakin<j  such  order,  the  common  coun- 
cil shall,  by  a  published  notice  of  at  least  four 
days,  give  the  parties  interested  an  opportu- 
nilv  to  be   heard.      (.Is  anirnditf  /..   1890,  C/i. 

Error  in  judj^ment  in  assessments— Hnff eld 
vs.  Hultalo.  I  ;,o  N .  \  .  ;,,S7. 

Assessment    illegal    when    erroneous    rule 

adopted — C'.>iini\  nf  Monrof  Vh.  C'ilv  <>f  Kocliester. 
134    N.  N'.  570. 

§  191.  Assessment  roll;  oath  of  as- 
sessors—  Upon  such  order,  the  said  assessors 
>hall,  as  speedily  as  may  be,  make  and  report 
to  the  common  council  an  asse.ssment  roll  made 
in  the  usual  form,  in  which  roll  they  shall 
specify  and  set  down  in  separate  cohunns  the 
names  of  all  persons  assessed,  the  description 
(tf  the  lots  and  parcels  of  land  assessed,  the 
amount  to  which  each  person  shall  be  assessed, 
the  amount  of  damages,  if  any.  to  which  such 
persons  are  respectively  entitled  by  the  award 
of  the  commissioners,  and  the  amount  of  the 
excess,  if  any,  to  be  collected,  which  roll  shall 
be  delivered  to  the  city  clerk.  The  issessors 
shall  severally  take  and  subscribe  an  oath 
similar  to  the  one  prescribed  in  section  two 
hundred  of  this  act.  and  the  assessment  roll 
shall  also  have  attached  thereto  an  oath  and 
leilificate  similar  to  the  one  provided  for  in 
section  two  hundred  and  five  of  this  act.  (As 
nmt'iuicti  /..   ICS90.  C7i.  561  1. 

Assessment   illej^al   if   lands   are   omitted 

Il.t.-san  vs.  Koi  l.e>t' 1.  (11;  N.  \ .  51(1. 

§  192.  Time  for  allegations  thereon 
before  common  council — Upon  such  as.ses.s- 
uient  roll  being  made  and  hied,  the  common 
council  shall  assign  a  time  when  they  will 
proceed  to  hear  any  complaints  or  appeals 
from  the  said  assessment.     (/,.  1880,  C/i.  14). 

Appealing;  from  award  lVo])l.  v-.  city  of 
Svraciis.-.  -S  N.N".   ;f,. 


(!i  rv  oi     Koi  iii-.~~i  KK 
old  Cliartfr 


§  \()T,.  Hearinjf  allej^ations ;  ameiid- 
injj,  correctinjc.  setlinj;  aside  and  con- 
flrminjj  assessment  roll — At  the  time  ap- 
pijinlecl  for  that  purpose,  and  at  other  times  to 
which  the  hearing  may  he  adjourned,  the  com- 
mon council  shall  hear  the  allegations  and 
proofs  of  all  persons  who  may  complain  of  such 
assessment,  and  may  amend  and  correct  the 
said  assessment  roll  in  whole  or  in  part,  or  may 
set  the  same  aside  and  direct  a  new  assessment 
either  by  the  same  assessors  or  by  such  other 
persons  as  they  may  designate,  and  in  such 
case  the  same  proceedings  shall  be  had  as  are 
herein  provided  on  the  first  assessment ;  or  the 
common  council  may  ratify  and  conlirm  such 
assessment  withf)Ut  any  corrections,  or  with 
such  as  thev  niav  deem  proper.  ( /..  1880, 
C/,.  14). 

§    194.     Assessment,    ho\N    collected  - 

When  the  said  assessment  shall  luuebeen  con- 
firmed, the  mayor  shall  annex  his  warrant 
therel(j,  and  the  same  shall  thereupon  be  deli\- 
ered  to.  and  be  collected  by  the  city  treasurer, 
with  fees  of  < ollecting  added,  as  is  prescribed 
in    Ihis  title.      (  /.   i.'^So.  (7,,   1  |  ) 

5J  lijs,.  Damages  paid,  when  and  how 
\\  henever  the  amount  of  any  damages  for 
taking  any  lands  as  aforesaid  shall  be  hnally 
a.scertained  and  h.xed.  and  the  assessment  roll 
shall  have  be;.'n  hnally  confirmed,  the  tommon 
council  shall,  within  four  months  thereafter, 
pay  the  amount  of  such  damages  to  the  owners 
and  occupants  of  l.inds  and  tenements,  or  to 
persons  having  any  liens  theix'on,  to  whom  the 
same  sh.ill  ha\e  been  allowed,  or  deix»sit  the 
same  as  hereinbefore  provided  :  and  in  case 
such  owners  be  unknown,  non-residents  of  the 
said  city,  married  women,  infants,  idiots  or 
lunatics,  or  the  right  and  interests  of  persons 
cl.iiming  tiie  same,  shall,  in  tlie  o|)inion  of  the 
said  common  council,  be  doubtful,  it  shall  be 
lawful  for  the  common  council  in  any  such  case 
to  direct  the  amount  of  ^uch  damages  to  remain 


238  fllAklKK     \.\\V    Ol      I  HI 

Old  Chartfr 


with  tlic  trL-asurcr  of  said  city,  and  it  sliall  be 
the  duty  f)f  sucli  treasurer  to  credit  the  same  to 
tile  parcel  of  land  so  taken,  for  the  benefit  of 
whomsoever  may  be  entitled  to  the  same. 
(/..  1880,  C7/.   14'). 

Decisions  on  daniag:es — Haminersley  vs.  Maj- 
or. 56  N.  \  .  5  1  > :  III  iL  .Stoiy,  8  St.  kcp.  431  ;  Ehvood 
v.s.  City,  43  Hun  ro2,  alitirmed,  122  N.  V,  229;  Cutter 
vs.  Mayor,  g2  N.  \.  166. 

$  \ij(>.  When  city  entitled  to  pos5es- 
sion  of  lands  ;  obligation  of  city  to  pay 
damages — Until  such  damages  shall  be  paid 
or  said  deposit  made,  or  direction  given,  it  shall 
not  be  lawful  for  the  common  council,  or 
any  of  their  officers  or  agents,  to  take  or  enter 
upon  any  lands  or  tenements  for  the  taking  of 
which  any  such  damages  shall  have  been 
allowed.  But  the  said  city  shall  not  become 
obligated  to  take  any  such  lands  or  tenements, 
nor  to  pay  or  deposit  such  damages  therefor, 
nor  shall  the  owners,  occupants,  or  other  persons 
having  any  liens  thereupon,  acquire  any  right 
to  such  damages,  nor  to  be  paid  therefor,  until 
the  final  confirmation  of  said  assessment  roll, 
as  hereinbefore  ])rovided.     ( /..  1880,  C//.  14). 

Possession  of  lands  -  Detmold  vs.  Drake. 
46  N.   Y.  31.S. 

§  107.  Appointment  of  guardian  for 
infant  in  condemnation  proceedings  ; 
supplemental  report  When  it  shall  be 
known  to,  or  discovered  by  the  common  coun- 
cil, or  city  attorney,  at  any  stage  of  the  proceed- 
ings, before  the  said  report  is  confirmed  by  .said 
common  council,  that  the  owner  of  any  real 
estate  or  I)uilding  appropriated,  or  right  of  ease- 
ment therein  making  any  of  the  improvements 
herein  provided  for.  is  an  infant,  a  guardian  for 
him  shall  be  appointed  by  the  court  in  which 
such  proceedings  are  had.  to  act  for  such  infant 
in  the  premises,  which  guardian  shall  be  a 
responsible  person,  approved  by  any  judge  of 
said  court.  It  shall  be  the  duty  of  the  court  to 
appoint    such  guardian    on   the  application   of 


( )ld  (liarter 


the  mayor  or  atloniey  of  the  city,  or  of  the 
infant,  or  of  some  person  acting  in  his  or  her 
behalf,  and  which  ;;iiardian  when  so  appointed 
shall  see  that  the  rights  of  such  infant  or  in- 
fants are  protected,  and  if  tiie  report  of  the 
commissioners  has  then  been  made,  they  shall 
reconvene  and  proceed  to  hear  the  allegations 
and  proofs  of  the  parties  concerning  the  prop- 
erty or  interest  of  said  infant  atTected  by  said 
proceeding,  and  make  a  supplemental  re|)ort  in 
the  foregoing  manner  concerning  tlu-  same. 
(.-/.<•  ameniiai  I..    1892,   67/.  190). 

$  19S.  How  expense  of  improvement 
paid  ;  expense  reported  to  assessors  ; 
assessments  how  paid  ;  common  council 
may    authorize    bonds    to    be     issued  — 

Whenever  tiie  ronunon  council  shall  determine 
that  the  whole  or  any  part  of  the  expense  of 
any  improvement  shall  be  defrayed  by  a  local 
assessment  and  the  expense  of  such  improve- 
ment shall  exceed  in  the  aggregate  the  sum  of 
one  thousand  dollars,  it  may  be  paid  one-third 
in  cash  and  the  balance  in  the  city's  notes  pa\  - 
able  in  one  and  two  years  with  interest  thereon 
not  exceeding  six  per  centum  per  annum,  and 
in  case  such  expense  shall  exceed  ten  th<nisand 
dollars  it  may  be  paid  one-third  in  cash  and 
the  balance  in  the  city's  notes  payable  in  one. 
two.  three  and  four  years  respectively  with  in- 
terest thereon  not  exceeding  six  per  centum 
per  annum,  and  the  city  may  get  its  notes  dis 
counted  for  the  above  purjMise.  The  entire 
expense,  to  be  assessed  upon  the  property  ben- 
efited, of  every  local  in>|)roven»enl  shall  be 
ascertained  by  the  comptroller,  including  an\ 
damages  or  awards  for  the  taking  of  lands, 
rights  or  easements  and  all  expenses  incident 
to  the  making  of  the  improvement  and  assess- 
ment, together  with  any  interest  paid  or  ac- 
«  rued  at  the  time  of  computation  on  the  orders, 
certificates  of  indebtedness  or  notes  issued 
by  the  city  to  pay  the  expen.ses  of  such  im 
provement.  and   interest  on  such   amount  shall 


I4tl  ("lIAklKK     I-AW    <)l'      INK 

Old  ChartL-r 

Assessments  for  local  improvements— <  OiuiiuRd 

be  reckoned  to  the  lime  tlie  assessment  or  tirsl 
installment  shall  become  clue.  The  aggregate 
amount  thereof  shall  thereupon  be  reported  to 
the  assessors  by  the  comptroller.  Whenever 
the  common  council  shall  determine  that  the 
whole  or  any  part  of  the  expense  of  any  im- 
provement shall  be  defrayed  by  a  local  assess- 
ment, it  shall,  in  the  final  ordinance  providing 
for  such  improvement,  determine  that  the 
assessment  therefor  shall  be  and  become  due 
and  payable  in  one  sum  or  in  an\  number  not 
more  than  ten  equal  annual  installments. 
Thereupon,  the  said  as.sessment  if  payable  in 
one  sum  or  the  first  installment  if  payable  in 
installments  shall  be  and  become  due  on  the 
first  day  of  the  month  following  the  month  in 
which  tile  said  assessment  roll  shall  have  been 
received  by  the  city  treasurer,  if  the  assess- 
ment roll  is  received  by  said  treasurer  on  or 
before  the  fifteenth  day  of  the  month,  and  if 
received  after  said  fifteenth  day  of  the  month 
then  such  a.ssessment  or  installment  shall  be 
and  become  due  and  payable  on  the  fifteenth 
day  of  the  month  following  the  month  in  which 
the  said  assessmenpoll  shall  have  been  receiv- 
ed by  the  city  treasurer;  and  if  payable  in 
installments,  succeeding  payments  shall  be  due 
in  each  succeeding  year  on  the  *date  and  month 
the  first  installment  became  due.  In  case  any 
such  dav  is  Sunday  or  a  public  holiday,  other 
than  a  half  holiday,  the  assessment  or  install- 
ment shall  become  due  and  payable  on  the 
ne.xt  day  thereafter.  The  treasurer  shall  col- 
lect and  receive  in  addition  to  the  amount  due 
on  any  assessment  or  installment,  interest 
thereon  at  the  rate  of  five  per  centum  per  an- 
num from  the  date  the  assessment  became  due 
if  payable  in  one  sum,  or  from  the  date  the 
first  installment  became  due.  if  payable  in  in- 
stallments. At  any  time  after  the  first  install- 
ment becomes  due  and  payable  the  person  or 
persons  liable  to  pay  such  assessment  may  pay 
*So  in  session  laws. 


City  of  Rochester  241 

Old  Charter 


the  entire  assessment  or  any  installment  there- 
of, and  accrued  interest.  The  common  council 
may  from  time  to  time  cause  to  be  issued  bonds 
of  the  city  to  be  known  as  local  improvement 
bonds,  the  agn^regate  amount  thereof  not  to 
exceed  one  million  rive  hundred  thousand  dol- 
lars to  be  sold  after  competition  upon  sealed 
proposals  at  not  less  than  par  for  such  period 
as  it  may  determine  not  exceeding  twentj' 
years,  and  bearing  interest  at  a  rate  not  exceed- 
ing four  per  centum  per  annum,  to  provide  the 
means  necessar}-  to  pay  all  expenses  incurred 
or  to  be  incurred  on  account  of  local  improve- 
ments, the  expense  whereof  is  to  be  collected  in 
whole  or  in  part  by  assessment  from  the  prop- 
erty benefited  ;  and  to  pay  and  take  up  all 
acceptances,  certificates  of  indebtedness,  notes 
and  orders  heretofore  or  hereafter  issued  on 
account  of  such  local  improvements  and  inter- 
est thereon.  The  common  council  may  also 
cause  to  be  issued  the  city's  certificates  of  in- 
debtedness for  the  same  purposes.  The  pro- 
ceeds of  the  sale  of  such  bonds  or  certificates 
of  indebtedness  shall  be  paid  into  a  fund  which 
is  hereby  created  and  which  shall  be  known  as 
the  local  improvement  fund.  There  shall  be 
paid  from  this  fund  all  notes,  acceptances  and 
orders  heretofore  issued  upon  account  of  said 
local  improvements,  and  not  paid,  and  all  notes, 
acceptances,  certificates  of  indebtedness  and 
orders  hereafter  issued  upon  account  of  said 
local  improvements,  and  interest  thereon,  and 
all  costs  and  expenses  of  said  local  improve- 
ments heretofore  made  or  performed,  and  not 
paid  for,  and  all  costs  and  expenses  of  such 
local  improvements  hereafter  made  and  per- 
formed. There  shall  be  turned  over  to  the 
credit  of  said  local  improvement  fund  all 
moneys  now  in  the  hands  of  the  treasurer  col- 
lected from  local  assessments  ;  and  all  amounts 
hereafter  collected  by  the  treasurer  from  assess- 
ments for  said  local  improvements  shall  be  paid 
into  and  credited  to  said  fund.  When  any 
local  improvement  bonds,  notes  or  certificates 


242  Charter  Law  of  the 

Old  Charter 


of  indebtedness,  or  interest  tliercuii  shall  be- 
come due,  they  shall  be  paid  from  the  local 
improvement  fund,  and  if  there  shall  not  be 
sufficient  money  in  said  fund  to  pay  and  re- 
deem the  same,  the  balance  thereof  shall  be 
paid  from  the  cit)'  treasur}-,  or  they  may  be 
renewed  or  reissued,  in  the  discretion  of  the 
common  council.  Any  surplus  interest  accru- 
ing in  the  local  improvement  fund  may  be 
applied  to  the  payment  of  such  other  cit}'  debts 
as  the  common  council  may  direct.  Ever)' 
general  tax  or  local  assessment  authorized  by 
this  act  which  has  been  assessed  upon  any  prop- 
erty, real  or  personal,  or  upon  the  owners  or 
occupants  thereof,  shall  be  and  is  hereby  de- 
clared valid  and  effectual  notwithstanding  any 
irregularity,  omission  or  error  in  any  of  the 
proceedings  relating  to  the  same,  or  in  the 
making,  levying  and  assessment  of  the  same. 
Nothing  herein  contained  shall  be  deemed  to 
validate  any  assessment  appearing  upon  any 
assessment  roll  heretofore  made  for  a  local  im- 
provement, where  such  roll  contains  an  assess- 
ment which  has  heretofore  been  declared 
invalid  by  the  judgment  of  a  court  of  compe- 
tent jurisdistion.  (As  last  amended  L.  1901, 
Ch.  719;  also  amended  L.  1882,  Ch.  120; 
L.  1887,  Ch.  35  ;  Z.  1890,  Ch.  561  ;  L.  1899.  Ch. 
393  ;  Z.  1 901,  Ch.  200). 

$  i(j9.  Assessors  shall  make  assess- 
ments upon  receipt  of  certificate  of  comp- 
troller —  Upon  the  receipt  of  the  certifi- 
cate of  the  comptroller  as  to  the  amount 
of  the  expense  of  a  local  improvement,  the 
assessors,  if  they  are  not  interested  in  any 
of  the  property  directed  in  the  ordinance 
or  any  other  subsequent  resolution  to  be 
assessed  as  benefited,  and  if  any  two  of  them 
are  not  so  interested,  then  such  two  shall 
make  an  assessment  upon  all  the  lots  and  par- 
cels of  land  within  the  portion  or  part  of  the 
city  directed  to  be  assessed,  of  the  amount  of 
expense  in  proportion  as  nearly  as  may  be  to 


City  ok  Rochester  243 

Old  Charter 


the  advantaj^c  which  each  shall  be  deemed  to 
receive  by  the  inakin<^  of  such  impro\eiiient. 
The  expense  of  sprinkling  streets,  cleaning 
streets,  care,  embellishment  and  maintenance 
of  streets,  and  cleaning  of  sidewalks  done  pur- 
suant to  an  ordinance  of  the  common  council 
shall  be  certified  by  the  comptroller  to  the  cit\' 
assessors,  who  shall  in  the  preparation  of  the 
next  assessment  rolls  for  general  city  taxes  in- 
sert against  each  lot  or  parcel  of  land  the 
amount  of  expense  in  proportion  as  nearly  as 
may  be  to  the  advantage  which  each  shall  be 
deemed  to  receive  by  the  making  of  such  im- 
provement, and  allegations  thereon  shall  be 
heard,  and  such  assessment  shall  be  collected 
at  the  same  time  and  in  the  same  manner  as 
other  city  taxes.  And  the  assessors  shall  have 
the  power  to  amend  and  correct  such  assess- 
ments as  they  shall  deem  projjer,  at  the  same 
time  and  in  the  same  manner  as  other  city 
taxes,  and  all  the  provisions  of  the  charter  of 
said  city  applicable  to  the  collection  of  city 
taxes  are  hereby  made  applicable  to  such 
as.ses"sments.     {As  amended  I..  1901.  Cfi.  719). 

§  200.  Oath  of  assessors — It  shall  be 
the  duty  of  the  assessors  to  meet  together  at 
such  time  and  place  as  shall  be  agreed  upon 
by  them,  and  thereupon  severally  to  take  and 
subscribe  an  oath  before  some  officer  author- 
ized to  take  aHidavits  to  be  read  in  courts  of 
record,  that  they  are  not  interested  in  the 
premises  described  in  the  ordinance  or  any 
other  resolution,  to  be  assessed,  and  that  they 
will  faithfully  and  impartially  discharge  the  duty 
imposed  upon  them  by  law,  which  saiil  oath 
shall  be  forthwith  returned  and  filed  by  the 
clerk  of  the  city.  In  case  any  assessor  shall 
not  be  able  to  take  such  oath,  the  citv  clerk 
shall  forthwith  report  the  fact  to  the  common 
council.     i^As  amended  L.  1890,  Cli.  5()i). 

§  2o\.  Appointment  of  special  com- 
missioners; powers  and  duties  If  there 
shall  not  be  at  le.isi  two  assessors  found   indif- 


244  Chaktkr   Law  oi'  the 

Old  Charter 

ferent  as  aforesaid,  the  common  council  shall 
appoint  one  or  more  special  commissioners 
not  interested  as  aforesaid,  to  act  with  the  as- 
sessor or  assessors  so  found  indifferent,  or  in 
case  no  assessor  shall  be  found  indifferent, 
then  to  act  separately,  who  shall  be  sworn  as 
aforesaid.  The  common  council  also,  in  any 
and  every  case,  instead  of  designating  assess- 
ors to  make  any  local  assessment,  or  to  as- 
sess any  damages,  or  to  do  any  act,  may  ap- 
point three  special  commissioners  for  such  pur- 
pose, who  shall  be  sworn  and  shall  have  the 
same  powers  and  be  subject  to  the  same  duties, 
and  who  shall  proceed  in  the  same  manner  as 
is  provided  in  reference  to  assessors  ;  and  all 
provisions  of  law  in  reference  to  assessors  of 
said  city,  and  to  their  powers,  duties  and  pro- 
ceedings shall  apply  to  such  special  commis- 
sioners in  each  and  every  case,  of  their  ap- 
pointment, except  that  the  general  assess- 
ment rolls  of  said  city  shall  be  made  by  assess- 
ors only.     (As  aviended L.  1890,  Ch.  561). 

Note — As  to  assessors  being  interested  in  improve- 
ment, see  White  Charter.  §  300,  this  book,  p.  1S7. 

§  202.  Assessment  roll  for  local  im- 
provements— The  assessors  or  persons  thus 
sworn  shall  proceed  to  make  an  assessment 
according  to  the  said  order,  and  shall  make 
out  an  assessment  roll,  in  which  shall  be  en- 
tered the  names  of  the  persons  assessed,  so  far 
as  they  can  ascertain  the  same,  the  value  of 
the  property  for  which  they  are  assessed,  and 
the  amount  assessed  to  them  respectively,  with 
a  brief  description  of  the  lots  or  parcels  of 
land  assessed.  A  designation  of  the  lots  or 
parcels  of  land  so  assessed,  by  any  description 
sufficient  to  distinguish  the  same,  shall  be 
sufficient  in  making  said  assessment  roll,  with- 
out regard  to  the  names  of  the  owners  or  oc- 
cupants.    (Z.  1880.  Ch.  14). 

Assessment  roll  must  Include  state  prop- 
erty wlien  legislature  autlinrizes  local  a.'^sessmenl — 
Hassan  vs.  City  of  Rochester,  67  N.  Y.  528. 


City  of  Rochester  246 

Old  Charter 


Effect  of  omitting  owner's  name — Haight 
vs.  Mayor  of  New  ^'()lk,  99  N.    Y.  .:So. 

Effect  of  omitting  any  property — Savage  vs. 

Buffalo,  45  .\.  I,,  j.  /14. 

;?  203.  Compensation  for  special  com- 
missioners— W  hen  assL'ssnicnls  arc  made  by 
persons  other  than  assessors,  they  shall,  re- 
ceive such  compensation  for  their  services  as 
shall  be  allowed  by  the  common  council,  to  be 
paid  out  of  the  contingent  funds  of  the  said  city, 
not  exceeding  two  dollars  per  day  for  each. 
(Z.  1880,  Ch.  14). 

55  ^04.  Notice  to  hear  allegations  be- 
fore assessors-  I  innicdiately  after  such  as- 
sessment shall  have  been  completed,  the  said 
assessors  shall  determine  the  lime  and  place 
where  they  will  first  meet  to  hear  the  allega- 
tions and  objections  of  all  persons  interested 
in  said  as.sessment  of  which,  previous  notice 
shall  be  given  by  publication  in  a  daily  news- 
paper published  in  said  city;  the  first  pub- 
lication to  be  made  at  least  ten  days  before  the 
time  li.xed  for  said  meeting.  {.As  amentfcd  I.. 
1890,  Cli.  561  ). 

*5  205.  Hearing  of  allegations;  oath 
and  certificate  of  assessors  for  roll;  re- 
port to  common  council  ;  hearing  before 
common  council  or  committee;  confirma- 
tion ;  re-assessment  before  or  after  con- 
firmation. .At  the  time  and  place  designated 
in  such  notice  the  asses.sors.  or  a  majority  of 
them,  shall  meet  and  hear  such  allegations  and 
objections,  and  the  assessment  books  shall 
then  be  opened  for  the  examination  and  inspec- 
tion of  all  parties  interested.  The  assessors 
may  adjourn  from  time  to  time,  as  may  be 
deemed  necessaiy,  and  they  shall  amend  and 
correct  such  assessments  as  thev  mav  deem 
proper.  When  completed,  an  oath,  substantial- 
ly in  the  following  form,  shall  be  written  or 
printed,  upon  or  attached  to.  said  roll  and  be 
signed  by  the  a.ssessors  or  a  majority  of  them, 
and  sworn  to  before   an   officer   authorized    to 


246  Charter  Law  ok  the 

Old  Charter 


administer  oaths,  namely:  "Assessors  of  said 
city,  being  severally  sworn,  depose  and  say, 
and  each  for  himself  says,  that  the  foregoing 
assessment  roll  was  made  by  them  in  pursuance 
of  an  order  or  resolution  of  the  common  coun- 
cil of  said  city,  that  due  legal  notice  of  their 
meeting  was  given,  and  the  same  was  by  them 
adopted,  after  such  notice  and  allegations 
thereunder,  and  is,  according  to  the  best  of 
their  knowledge  and  belief,  a  just  and  true 
assessment  as  against  the  persons  or  property 
to  be  benefited,  and  according  to  the  benefit 
derived",  and  they  shall  also  sign  a  certificate 
substantially  in  the  following  form,  which  shall 
also  be  written  or  printed  upon,  or  attached  to, 
said  roll :  "We  do  hereby  certify  that  the  fore- 
going assessment  roll  is  a  true  record  of  our 
determination  of  the  same,  after  having  heard 
allegations  thereon,  and  fix  the  amount  as- 
sessed to  the  respective  persons  of  property 
therein  named,  and  the  same  is  just  and  true," 
and  thereupon  said  roll  shall  be  delivered  to 
the  clerk  of  said  city,  who  shall  report  the 
same  to  the  common  council  at  its  next  meet- 
ing. Upon  such  return  being  made,  filed  and 
so  reported,  the  common  council  shall  proceed 
to  hear  allegations  against,  and  appeals  from, 
the  said  assessment,  and  may  correct,  confirm, 
set  aside  or  refer  to  its  commjttee  on  assess- 
ments, or  other  committee,  or  order  a  new  as- 
sessment to  be  made.  If  the  same  shall  be 
referred  to  a  committee,  the  said  committee  may 
proceed  to  hear  allegations  or  objections,  upon 
five  days  notice  by  publication,  or  may  with- 
out such  notice  or  hearing,  examine  and  re- 
port to  the  common  council,  who  shall  there- 
upon proceed  to  correct,  confirm  or  set  aside 
said  report,  or  order  a  new  assessment.  Any 
assessment  made  at  any  time  heretofore  as  well 
as  hereafter  may  after  its  confirmation  be  re- 
considered by  said  common  council  at  any 
time,  and  the  same  proceedings  may  be  had 
thereon,  as  herein  provided  before  the  confirm- 
ation thereof.     In  case  of  anv  change   in   the 


City  of  Rochester  247 


Old  Charter 


assessment  made  after  such  reconsideration  and 
the  confirmation  thereof,  the  amount  paid  on 
the  original  assessments  shall  be  credited  on  the 
new  or  reconsidered  assessment,  and  in  case 
such  payment  exceed  the  said  new  or  recon- 
sidered assessment,  the  amount  thereof  shall  be 
repaid  upon  demand,  and  upon  proper  proof, 
to  the  person  entitled  to  the  same,  and  in  case 
the  amount  so  paid  shall  not  equal  the  amount 
of  the  new  assessment,  the  person  and  proper- 
ty against  whom  the  same  is  assessed  shall  be 
liable  for  the  balance,  with  the  same  effect  as 
if  said  balance  was  the  amount  of  the  original 
assessment.       {As  amended  L.  1S90,  Ch.  561). 

§  206.  Description  of  property  and 
person  in  assessment;   liability  of  owner. 

— Every  assessment  so  ratified  by  the  common 
council  shall  be  final  and  conclusive.  It  shall 
be  sufficient,  in  every  assessment,  to  designate 
the  owners  or  occupants  of  the  lots  and  parcels 
of  land  intended  to  be  assessed,  either  by 
name  or  as  unknown,  or  to  describe  said  several 
lots  and  parcels  of  land  by  any  description  by 
which  they  may  be  respectively  distinguished. 
Every  assessment  so  made  shall  create  a  per- 
sonal obligation  or  liability  against  the  owner 
of  the  lot  or  parcel  of  land  assessed  to  pay  the 
city  of  Rochester  the  amount  of  such  assess- 
ment, for  the  collection  of  which,  together  with 
interest,  cost,  and  expenses,  said  city  may 
maintain,  in  its  own  name,  an  action  in  any 
court  of  competent  jurisdiction,  in  addition  to 
any  other  remedies  now  provided  by  law  for 
the  collection  thereof.     (  /,.  18S0.  Ch.  14.V 

Assessments  may  be  enforced  against  per- 
sonal estate — Matter  of  Eisner.  S6  App.  Div.  207. 

§  207.  Assessment  roll  deli>ered  to 
treasurer;  publication  of  notice  for  pay- 
ment— Whenever  any  assessment  is  confirmed 
by  the  common  council,  the  assessment  roll 
shall  be  delivered  to  the  city  treasurer,  whose 
duty  it  shall  be  to  give  five  days  public  notice, 


248  Charter  Law  of  the 

Old  Charter 


by  advertisement  in  two  daily  newspapers 
printed  in  said  city,  of  the  receipt  of  such  roll, 
requiring  the  persons  assessed,  or  the  owners 
or  occupants  or  the  lots  assessed,  to  pay  the 
assessment  to  him  at  his  office  within  thirty 
days  from  the  first  publication  of  said  notice, 
except  in  cases  where  it  has  been  provided 
that  assessments  may  be  paid  in  installments, 
and  in  such  cases,  within  the  time  so  pro- 
vided.    (Z.  1880,  Ch.  14). 

§  208.  Treasurer  may  issue  warrant 
for  assessment — If  such  assessment,  or  any 
installment  thereof,  shall  not  be  paid  when  the 
same  becomes  due,  the  city  treasurer  may 
issue  a  warrant  therefor  with  interest  thereon 
from  time  to  time  when  due,  besides  collector's 
fees.     {As  aviended  L.  1890,  Ch.  561). 

§  209.  Proceedings  on  warrant;  un- 
paid assessments  inserted  in  general  city 

tax — The  city  treasurer  shall  issue  his  warrant 
as  aforesaid  to  a  collector  commanding  him  to 
collect  the  amount  unpaid  on  such  assessment, 
with  interest  and  fees  as  aforesaid,  and  shall 
annex  to  such  warrant  either  a  list  of  such 
assessments  taken  from  the  assessment  roll,  or 
the  roll  itself,  which  warrant  shall  be  in  the 
same  form,  and  the  same  proceedings  shall  be 
had,  as  prescribed  in  the  case  of  the  collection 
of  the  general  city  taxes  remaining  unpaid, 
and  all  the  provisions  of  the  charter  in  relation 
to  the  collection  of  such  general  city  taxes,  the 
warrant  therefor,  the  appointment,  duties,  fees 
and  security  of  such  collectors,  the  responsi- 
bility of  the  city  treasurer  and  his  sureties  for 
such  collectors,  the  jurisdiction  of  the  supreme 
court  in  case  of  delinquencies,  shall  be  appli- 
cable to  every  such  assessment.  In  case  any 
assessment  or  any  installment  shall  have  be- 
come entirely  due  and  the  whole  or  any  part 
thereof  remains  unpaid  and  a  warrant  shall 
have  been  issued  therefor  and  returned  un- 
satisfied, it  shall  be  the  dutv  of  the  city  treas- 


CiTV  OF  Rochester  249 

Old  Charier 


urer  to  report  the  same  to  the  assessors. 
Whenever  any  assessment  or  any  instaUment 
thereof  is  so  reported  tlie  assessors  in  pre- 
paring the  next  roll  for  general  city  taxes  shall 
insert  therein  against  the  property  on  which  it 
was  assessed  the  amount  of  such  unpaid  assess- 
ment, with  interest  thereon,  at  the  rate  of  ten 
per  centum  per  annum  from  the  time  when 
due  down  to  the  first  day  of  May  thereafter. 
Such  amount  shall  be  in  a  separate  column 
from  the  general  city  tax  to  be  levied  for  the 
ensuing  year.  Upon  the  confirmation  of  such 
assessment  roll,  such  amount  shall  be  added 
to  the  general  city  tax  and  the  entire  amount 
shall  be  collected  as  hereinbefore  provided  in 
reference  to  general  city  taxes,  and  if  such 
amount  is  not  paid,  the  lands  shall  be  sold 
therefor  as  hereinbefore  provided.  When  such 
tax  is  collected,  the  treasurer  shall  credit  the 
portion  thereof  which  was  due  on  any  assess- 
ment to  the  proper  fund.  On  as.sessments 
heretofore  unpaid  the  property  assessed  may 
be  sold  for  such  as.sessments  as  heretofore 
provided  by  said  charter.  {As  afiwiiilrd  /. 
1897.  67/.  784). 

Treasurer    must    accept    tender    of    tax 

I  Iiiicliiiison  \s.  ("itv  of  K<irliist(.T.  ijj  I  Inn    V^ 

>j  i\o.  Owner,  not  tenant,  to  pay 
assessment — In  all  cases  where  there  is  no 
agreement  to  the  contrary,  the  owner  or  land- 
lord, and  not  the  occupant  or  tenant,  shall  be 
deemed  in  law  the  person  who  ought  to  bear 
and  pay  every  such  as.sessment  made  for  the 
expense  of  any  public  improvement  in  said  city. 
(/.  1880.  Ch.  14). 

5?  i\\.  When  suit  brou^clit  for  assess- 
ment paid ;  proportioninjj  assessments 
or  taxes  W  hen  an\-  such  assessment  shall 
be  made  upon  or  paid  by  any  per.son,  when 
by  agreement  or  by  law  the  same  ought 
to  be  borne  or  paid  by  another  person,  it  shall 
be  lawful  for  the  one  so  paying  to  sue  for  and 


250  Charter  Law  of  the 

old   Charter 


recover  of  the  person  bound  to  pay  the  same, 
the  amount  so  paid  with  interest.  In  case  any 
tax  or  assessment  shall  have  been  levied  upon 
any  piece  of  land,  and  two  or  more  persons  are 
or  shall  have  become  the  owners  of  portions 
thereof,  the  common  council  shall  have  the 
right  to  receive  from  the  owner  of  any  portion 
of  such  land  his  portion  of  the  entire  tax  or 
assessment  as  the  assessors  shall  certify  to  be 
just;  and  upon  paying  such  amount,  the 
property  owned  by  him  shall  be  free  from  the 
lien  of  such  tax  or  assessment,  and  the  balance 
thereof  shall  be  and  remain  a  lien  upon  the 
residue  of  such  property  assessed.  This  pro- 
vision shall  apply  to  certificates  of  tax  sales 
held  bv  the  city  and  not  foreclosed.  (/.  1880, 
Ch.  14). 

Assessment  for  street  improvement  may  be 
deducted  from  award — Little  vs.  City  of  Rochester, 
S7  Hun  493;  aliiniictl,  156  N.  Y.  6G7. 


§  212.  Agreement  as  to  assessments 
between  persons,  not  affected — Nothing 
herein  contained  shall  impair,  or  in  any  way 
atTect,  any  agreement  between  any  landlord 
and  tenant,  or  other  person,  respecting  the 
payment  of  any  such  assessment.  (Z.  1880. 
Ch.  14).  ' 


§   213.     Excess   of    assessment    to    be 

apportioned — If  upon  the  completion  of  any 
such  improvement,  for  which  such  assessment 
shall  have  been  made,  it  shall  appear  that  a 
greater  amount  has  been  assessed  and  col- 
lected than  is  necessafy  to  defray  the  ex- 
penses thereof,  the  common  council  shall 
apportion  such  excess  among  the  persons 
and  property  a.ssessed  in  proportion  to 
the  amount  collected  of  them,  and  shall  pay 
the  same  to  such  persons,  and  the  owners  of 
such  property,  entitled  thereto  on  demand. 
(L.  1880,  Ch.  14). 


City  of  Rochester  "J 51 

Old  Charter 


§  J 1 4.  Deficiencies,  how  assessed  ; 
application  of  section;  irregularities,  etc., 
not  to  affect  validity  ;  treasurer's  warrant 

—  If  it  sliall  appear  that  a  j^rcalcr  sum  ol  iiKmcy 
has  been  expeiided  in  the  completion  of  such 
improvements  than  was  estimated  as  aforesaid, 
the  common  council  may  direct  the  deficiency  to 
be  assessed  on  the  lots  and  parcels  of  land  bene- 
fited by  such  improvements  in  the  same  manner 
as  hereinbefore  directed,  and  the  same  proceed- 
ing sliall  in  all  respects  be  had  thereon.  The 
said  common  council  may  enlarge  the  territory  to 
be  assessed  for  such  deficiency,  in  which  case 
the  same  proceedings  shall  be  taken  as  herein- 
before directed,  for  making  assessments,  as 
near  as  may  be.  And,  if  it  shall  appear  that 
any  greater  sum  of  money  than  was  originally 
assessed  has  been  expended  for  the  benefit  of 
the  same  property  originally  assessed,  although 
not  embraced  in  the  impro\ement  as  ordered 
by  the  said  commissioners,  the  said  commi.s- 
sioners  may,  in  like  manner,  direct  the  assess- 
ment of  the  same  upon  the  lots  and  parcels  of 
land  benefited  thereby.  This  section  shall  be 
applicable,  not  only  to  future  assessments  and 
re-assessments,  but  also,  to  assessments  and 
re-assessments  heretofore  ordered  by  the  said 
common  council.  .And  all  assessments  and 
re-assessmeiits  heretofore  made,  or  that  here- 
after may  be  made  for  im|irovements  in  said 
city,  shall  be,  and  aie  hereby  declared  to  be. 
valid  and  effectual,  notwithstanding  any  irregu- 
larity, omission  or  error  in  the  proceedings 
relating  to  the  same,  and  all  questions  con- 
cerning the  same  shall  i)e  determined  in  all 
courts  and  places  liberally  to  sustain  such 
proceedings,  and  with  reference  to  the  very 
right  of  the  case,  and  not  strictly.  Treasurer's 
warrants  may  be  issued  for  the  collection  of 
any  or  all  of  such  assessments  and  re-assess- 
ments remaining  unpaid,  with  the  same  force 
and  effect,  and  all  proceedings  may  be  taken  in 
like  manner,  and  with  like  effect,  as  if  no  other 
warrant  had  before  been  issued.  (  /.i88o,CV/.  1 4). 


252  Chartkr  Law  of  the 

Old  Charter 


Note — As  to  vacating  and  reducingassessments,  see 
White  Charter,  §§  465-471,  inclusive,  this  hook,  fosf. 

Distinction  between  mistakes  made  in 
taxation  for  j^overnmental  purposes  and  assess- 
ments for  local  improvements  —  Van  Deventer 
vs.  I.ong  Island  City.  1  >'^  N".  \'.  \^t,. 


^  215.  Irregularities  ;  lien  of  taxes  and 
assessments ;  re-assessment ;  record  of 
sales — Kveiy  tax  or  assessment  authorized 
by  this  act  which  has  been  assessed  upon 
any  lands,  tenements,  or  real  estate,  or  upon 
the  owners  or  occupants  thereof,  shall  be, 
and  is  hereby  declared  valid  and  effectual 
notwithstanding  any  irregularity,  omission 
or  error  in  any  of  the  proceedings  relat- 
ing to  the  same,  and  shall  be  and  remain 
a  lien  upon  such  lands,  tenements  or  real 
estate  in  respect  to  which  the  same  have  been 
made,  from  the  time  of  the  passage  of  the 
resolution  of  the  common  council  levying  the 
same  in  the  case  of  the  annual  city  taxes,  and 
from  the  time  of  the  confirmation  by  said  com- 
mon council  of  the  roll  containing  the  same,  in 
the  case  of  other  taxes  and  assessments,  and 
until  the  same  shall  be  actually  paid  and 
satisfied.  In  case  any  assessment  shall  remain 
unpaid  on  account  of  any  irregularity,  omission 
or  error  in  any  assessment  for  a  local  improve- 
ment or  of  an  annual  city  tax,  or  in  the  pro- 
ceedings relating  thereto,  or  in  case  of  error  in 
the  description  of  lands,  tenements  or  real  es- 
tate, or  in  the  designation  of  the  owners  or 
occupants,  the  common  council  may,  in  their 
discretion,  proceed  to  correct  such  irregularity, 
omission  or  error,  and  cause  the  amount  so 
unpaid  to  be  re-assessed  on  the  property  deemed 
to  be  benefited  by  such  improvement,  or 
assessed  in  such  general  cit}'  taxes,  or  upon 
the  owners  or  occupants  thereof,  and  the  com- 
mon council  are  hereby  authorized  and  empow- 
ered to  have  such  re-assessment  made  in  the 
same  manner  as  the  original  assessment  should 
have  been  made,  and  to  direct  the  treasurer  to 


City  ok  Rochkstek  253 

Old  Charter 


correct  any  such  irregularity,  omission  or  error, 
and  such  re-assessment  or  correction  shall  have 
the  same  effect  as  if  the  assessment  had  orif,nn- 
ally  been  properly  made.  Whenever  it  shall 
appear  by  the  judgment  of  a  court  of  competent 
jurisdiction  that  any  assessment  for  a  local  im- 
provement is  illegal  or  void  for  want  of  juris- 
diction in  making  the  improvement  or  assess- 
ment, or  for  any  other  reason,  and  any  portion 
thereof  remain  unpaid,  the  common  council 
may  pass  a  resolution  or  ordinance  designating 
the  improvement  so  made,  the  whole  expense 
thereof  including  any  and  all  interest  thereon 
to  the  date  of  the  re-assessment,  including  any 
and  all  that  might  be  imposed  as  provided  by 
this  act  in  the  case  of  local  assessments,  and 
the  part  or  portion  of  the  city  deemed  to  be 
benefited  thereby,  and  may  assess  the  lots  and 
parcels  of  land  in  such  territory  described  for 
such  expense,  according  to  the  benefit  received, 
and  proceed  in  all  respects  as  in  cases  of 
assessment,  and  such  action  shall  have  the 
same  valid  and  binding  force  as  if  the  same 
had  originally  been  properly  done.  Whenever 
any  moneys  shall  have  been  paid  for  an  assess- 
ment, ancl  a  re-assessment  shall  be  made  in 
pursuance  of  this  section,  the  amount  shall  be 
credited  on  such  re-assessment  to  the  property 
on  which  the  assessment  was  made,  and  in 
case  of  any  alteration  in  the  assessment  by 
such  re-assessment,  whereby  the  amount  so 
paid  shall  exceed  the  amount  re-assessed  on 
the  same  property,  such  surplus  shall  be  paid 
to  the  person  who  may  have  paid  the  same, 
and  in  case  it  shall  be  insulVicient  to  pay  the 
amount  re-assessed,  the  deliciency  shall  be  col- 
lected in  the  same  manner  as  other  assess- 
ments. It  shall  be  the  duty  of  the  city 
treasurer,  within  thirty  days  after  any  sale  of 
lands  for  taxes,  to  furnish  to  the  county  clerk 
of  Monroe  county,  a  list  of  such  lands  sold, 
specifying  when,  to  whom,  for  what  time,  and 
the  amount,  for  record,  which  list  the  county 
clerk  shall  record  immediately  after  receiving 


254  Charter  Law  of  the 


Old  Charter 


the  same,  in  a  book  provided  by  the  city 
treasurer  for  that  purpose,  and  the  amount  of 
such  sale  on  each  lot  or  parcel  of  land,  shall 
be  a  lien  thereon,  and  take  precedence  of  any 
incumbrances  whatever.  (As  ainciuied  L. 
1897,   Ch.   784). 

Money  collected  under  assessment  valid  on 
face  cannot  be  recovered  until  assessment  is  set 
aside — Trimmer  vs.  City  of  Rochtster,   130  N.  Y.  401. 

§  216.  Power  of  common  council  to 
construct  and  repair  sidewalks,  pave= 
ments,  etc. — Whenever  the  connnon  council 
shall  deem  it  expedient  to  construct  any  side- 
walk or  pavement  within  the  said  city,  they 
may,  by  ordinance  or  otherwise,  require  the 
owner  or  occupant  of  any  lot  or  house  adjoin- 
ing such  street  to  lay  such  sidewalk,  or  con- 
struct such  pavement  to  the  center  of  the  said 
street,  in  front  of  his  or  her  lot  or  house  ;  or 
they  may  direct  such  sidewalks  and  pavements 
to  be  made  according  to  the  provisions  of  this 
title.  The  common  council  may,  in  like  man- 
ner, by  ordinance  or  otherwise,  under  such 
penalty  or  penalties  as  they  may  prescribe, 
require  the  owners  and  occupants,  or  either, 
of  land  in  said  city,  or  in  any  specified  part 
thereof,  to  repair,  maintain  and  reconstruct 
sidewalks,  pavements  and  street  improvements 
adjoining  their  respective  premises  to  the  cen- 
ter of  the  street  or  alley,  in  such  manner  as  the 
common  council,  by  ordinance  or  otherwise, 
may  direct ;  the  expense  to  which  any  occupant 
or  tenant  may  be  thus  subjected  may  be  col- 
lected by  him  from  the  owner  of  the  premises, 
unless  otherwise  agreed,  or  unless  such  tenant 
or  occupant  be  bound  to  bear  such  expense  by 
the  terms  or  nature  of  the  agreement  under 
which  he  holds  the  premises.    (Z.  1880,6'//.  14). 

$  217.  Power  to  collect  expenses  for 
widening  streets,  etc. — Whenever  the  own- 
er or  occupant  of  any  lot  or  house  shall  refuse 
or   neglect,  within   such   time  as  the  common 


CiTv  or  Rochester  255 


Old  Charter 


council  shall  have  appointed,  to  conform  to 
any  regulations  made  by  the  common  council 
for  widening  streets,  or  for  any  other  purpose, 
it  shall  be  lawful  for  the  common  council  to 
cause  such  regulations  to  be  enforced  at  the 
expense  of  the  city,  and  to  recover  the  amount 
of  such  expenses,  with  damages,  at  the  rate  of 
ten  per  cent,  with  costs  of  suit,  of  the  owner 
or  occupant  of  such  lot  or  house,  whose  dut}' 
it  was  to  conform  to  such  regulation.  Upon 
any  judgment  recovered  in  said  action,  an  ex- 
ecution may  be  issued  against  the  person  of 
the  defendant  therein,  after  one  against  his 
property  shall  have  been  returned  unsatisfied. 
(Z.  1880,  Ch.  14). 

§  2S6.  Assessors  to  be  furnished 
with  descriptions  of  real  estate;  maps, 
etc.,  to  be  filed  with  the  assessors; 
deeds  to  be  presented  to  assessors  be- 
fore recorded — Tiie  common  council  may, 
from  time  to  time,  direct  the  city  surveyor  to 
prepare  and  furnish  to  the  board  of  assessors 
for  their  use,  a  brief  description  of  any  real 
estate  in  the  city,  or  to  prepare  a  roll  or  rolls 
of  any  real  estate  in  the  city  for  said  board  of 
assessors,  exclusive  of  valuation.  The  com- 
mon council  may  also  take  such  measures  as 
they  shall  deem  expedient,  to  make  the  office 
of  the  board  of  assessors  the  repository  of  such 
maps,  records,  documents,  surveys  and  other 
matters  as  may  facilitate  the  full  and  accurate 
description  of  the  real  estate  in  the  city,  and 
direct  the  manner  of  keeping  them  ;  and  shall 
provide  that  the  same  shall  so  be  kept  as  to 
siunv  tlie  names  of  tiie  owners  and  claimants 
of  each  piece  or  parcel  of  land,  as  far  as  tiie 
same  can  be  ascertained.  For  the  purpose  of 
enabling  the  said  board  to  prepare  and  per- 
petuate a  more  perfect  record  of  the  names  of 
such  owners  and  claimants,  ever)-  deed  of  con- 
veyance of  lands  in  said  city,  or  other  instru- 
ment in  writing,  whereby  the  ownership  of  said 
lands   shall   be   changed,  made  and   executed 


256  CiiARTKR  Law  ok   thk 

Old  Charter 


after  the  first  clay  of  May,  one  thousand  eight 
hundred  and  sixty-five,  shall,  before  the  same 
shall  be  received  for  record  by  the  county 
clerk,  be  presented  at  the  office  of  said  board 
of  assessors,  who  shall,  without  fee,  note  the 
said  transfer  of  title  upon  the  map  in  their 
office,  and  also  note  the  fact  of  such  presenta- 
tion upon  said  deed.  But  nothing  herein  con- 
tained shall  be  construed  to  affect  or  impair 
the  validity  of  any  record  in  the  county  clerk's 
office.     (Z.  1880,  Ch.  14). 

§  289.  Maps  of  subdivisions  of  lands 
in  city  must  be  filed  and  assessors 
given  notice;  misdemeanor — Before  the 
owner  of  any  tract  or  parcel  of  land  situate 
in  the  city  of  Rochester  shall  sell  or  con- 
vey to  others  any  portion  thereof  in  subdi- 
visions of  such  tract  or  parcel,  he  shall  cause 
a  map  of  such  tract  to  be  made,  showing  the 
subdivisions  thereof,  with  the  numbers  of  their 
lots  and  their  dimensions,  and  all  proposed 
streets,  lanes  and  alleys,  which  map  shall  be 
filed  in  the  office  of  the  Monroe  county  clerk, 
and  a  copy  or  duplicate  thereof  delivered  to 
the  assessors  of  said  city,  and  whenever  such 
owner  shall  convey  any  portion  of  said  tract  in 
such  manner  as  to  effect  a  subdivision  of  any 
lots  as  designated  in  such  allotment,  he  shall 
give  notice  thereof  immediately  to  the  assessors 
of  the  city,  specifying  the  part  so  divided  and 
the  manner  of  division,  and  for  every  violation 
hereof  such  owner  shall  be  deemed  guilty  of 
a  misdemeanor  and  punishable  as  such,  and 
every  map  made  of  a  tract  or  subdivision  afore- 
said at  any  time  heretofore  where  any  portion 
thereof  in  subdivisions  of  such  tract  or  parcel 
has  been  sold  or  conveyed  heretofore,  shall  be 
by  the  party  owning  said  tract,  and  conveying 
the  same  within  one  month  after  the  time  when 
this  section,  as  amended,  takes  effect,  filed 
with  said  county  clerk,  and  such  owner  shall 
deliver  a  copy,  or  duplicate  thereof  to  said 
assessors,   and    for   a  failure   so  to   do,   such 


City  ok   RornKsiKR  '257 

(Jkl  Charter 

owner  sliall  be  deemed  guilty  of  a  misde- 
meanor, and  punishable  as  such.  (As  nmenJed 
/..  1890.  C/i.  561  ). 

Assessors  shall  make  annual  list  of  real 
property  exempt  from  taxation,  puhlisli  iIil  same 
and  traiiMiiil  t<i  tlic  >tate  i  oiiiiJirnllLr.  (I..  H/OO.  Ch. 
6S9). 

Lien  of  cit>  taxes  superior  to  lien  acquired 
by  private  purchaser  at  county  tax  sale — (  iij 

of  Rochester  vs.  Kapell.  86  App.  Div.  224;  attirnied 
by  Court  of  .Appeals,  Dec.  19,  1903.  This  case  is 
not  yet  reported,  and  has  been  affirmed  since  p.  i.Si;. 
this  book,  was  printed,  where  said  case  is  noted. 


258  Chakikk    Law   or  thk 

White  ("harter 


ARTICLE  IX 

DEPARTMKN  r  OK  CUARl'llKS   AM)  CORRKCI'lON 

§  339.     Commissioner  of  charities  and  correction;  deputy — 

There  shall  be  a  coininissioner  of  charities  and  correction  appointed 
bv  the  mayor,  within  ten  days  after  the  beginning  of  e\-er)-  mayoralit}- 
term.  Me  shall  hold  office  for  two  years,  unless  sooner  removed  by 
the  mayor.  He  may  appoint,  to  hold  office  during  his  pleasure,  a 
deputy  and  such  other  subordinates  as  may  be  prescribed  by  the  board 
of  estimate  and   apportionment.      (Z.  1898,  Ch.  182). 

See  note  as  to  oath  f)f  otfice  under  §   61.  White  Charter,  this  l)<)ok.  p    70. 

§  340.     Bonds  of    commissioner  and    deputy  ;   vacancy 

The  commissioner  of  charities  and  correction  and  the  deputy  com- 
missioner of  charities  and  correction  shall  each  give  a  bond  to  the 
city,  with  sureties,  for  the  faithful  discharge  of  the  duties  of  their 
respective  offices,  in  a  penalt)'  to  be  prescribed  by  the  common  coun- 
cil, which  bond,  as  to  its  form  and  the  sureties  thereto,  shall  be 
approved  by  the  mayor.  In  case  of  a  \acancy  in  the  office  of  com- 
missioner, the  mayor  siiall  till  mk  h  vacancy  within  ten  days  by  appoint- 
ment for  the  remainder  of  the  term.     (/..  1898,  Ch.  182). 

See  note  a.s  to  ofificial  bonds  under  §  6j.  White  Charter,  this  book,  j).  70. 

§  341.  Powers  and  duties  of  commissioner — The  commis- 
sioner has  the  general  care,  management,  administration  and  super\i- 
sion  of  the  charities,  alms-houses,  hospitals,  hou.ses  of  correction  and 
all  other  similar  institutions,  the  control  or  government  of  which 
belongs  or  is  intrusted  to  the  city  :    he   shall    make  regulations  for  the 


C'nv  oi     KoCHKSTKK  *JnH 

White   Charter 

expenditure  of  the  money  of  the  city  for  the  support  or  relief  of  the 
poor,  and  have  the  general  supervision  of  such  expenditures,  and  he 
shall  furnish  to  the  mayor  a  daily  report  of  the  aid  and  relief  granted 
by  him.  with  the  names  and  addresses  of  all  recipients,  and  he  shall 
have  such  other  powers  and  (hitics  not  inconsistent  with  the  provi- 
sions of  this  act  or  the  other  laws  of  the  state,  as  may  be  prescribed 
by  the  ordinances  of  the  common  council.      (  /..   1S98.  Ch.  1.S2V 

§  342.  Overseer  of  the  poor — 'I'he  commissioner  shall  appoint. 
to  hold  office  during  his  pleasure,  an  overseer  of  the  poor  and  as 
many  assistants  as  may  be  prescribed  by  the  board  of  estimate  and 
apportionment.      ( /..  i89(S,  Cli.   182). 

§  34.V  Bond  of  overseer — The  overseer  of  the  poor  shall  give 
a  bond  to  the  city  in  such  penalty,  in  such  form  and  with  such  sure- 
ties as  the  commissioner  may  prescribe  and  approve,  for  the  faithful 
discharge  of  his  duties.      ( /..  iS()8.  Cli .  1S21. 

See  note  as  to  ottirial  bonds  iiiuler  5;  'i-.  While  <  liarter.  lhi>  l»o<ik.  p.  70. 

§  344.  Powers  and  duties  of  overseer  of  poor  The  overseer 
of  the  poor,  subject  to  the  regulations  and  supervision  of  the  commis- 
sioner, shall  possess  all  the  powers  and  authority  of  overseers  of  the 
poor  in  the  several  towns  of  tin-  county  m  which  the  city  is  situated, 
and  be  subject  to  the  same  duties,  obligations  and  liabilities:  and 
he  and  his  assistants  shall  ha\e  the  power  to  examine,  under  oath.  an\ 
person  applying  for  relief.      (/.  1S98.  C/i.  i8j). 

Duties  of   overseer   of   poor — I'oor  I. aw.  §§  25,  .:'>.  27.  ;<).  5<^>. 

§  315.  City  the  ONN  ner  of  supplies  The  city  shall  continue 
to  lie  the  owner  of  all  articles  or  su|)plies  furnished  to  any  poor  person 
or  applicant  until  the  same  are  consumed.  If  any  person  to  whom 
the  same  shall  be  furnished  shall  .sell  or  exchange  the  same  for  money.  01 
intoxicating  liquor,  or  in  any  way  dispose  of  the  same  other  than  in 
the  manner  directed,  such  conduct  shall  be  deemed  a  misdemeanor. 
(A.  1898.  Ch.  182). 


260  Chartkk   Law  ok  the 

White  Charter 

55  346.  City  not  liable — Nothing  contained  in  this  article  or 
the  preceding  article  shall  be  deemed  to  make  any  city  liable  for  the 
support  or  relief  of  any  poor  person  when  it  is  not  otherwise  so 
liable.      (Z.  1898,  Ch.  182). 

>JoTE — §§  347-356,  inclusive,  omitted  in  White  Charter  as  first  enacted. 

Provisions  of  Old  Charter  as  to  the  support  of  the  poor  (L.  1880,  Ch. 
14.  §§  236-240,  inclusive),  not  printed  herein. 

Laws   may   be  passed  as  to  cliaritabie  institutions^ State  Constitu 

lion,  Art.  \11I.   SJ    14. 

Money  may  be  appropriated  for  the  support  of  charitable  institu= 
tions — I..  1895,  Ch.  754,  as  amended  L.  1902,  Ch.  155. 

Poor  officers  may  bind  out  apprentices — Domestic  Relations  Law. 
§   73 ;  but  not  without  court  order  in  Monroe  county — L.  1897,  Ch.  743. 

Commitment  of  children  as  vagrants — Penal  Code,  §  291. 

Employment  of  children  in  factories — Labor  Law.  iJS    161-173. 

Children  may  be  placed  in  asylums  or  homes  without  judicial 
proceedings — People  cx  rel.  Horton  vs.  Fuller,  41  App.  Div.  404. 

Imitations  of  natural  butter  shall  not  be  purchased  for  use  in 
charitable  institutions— L.  18(^3.  Ch.  364. 

State  industrial  school  at  Rochester — Managers,  State  Charities 
Law,  §  1 20;  Removal  of  school  from  Rochester — L.  1899,  Ch.  167,  L.  1902,  Ch. 
527,  L.  1903,  Ch.  599;  Reception  of  children — People  ex  rel.  Zeese  vs.  Masten. 
70  Mun  s8o. 


Old   Charter 

>5  79.  Overseerof  the  poor-     The  overseer 

of  the  poor  of  the  city  of  Rochester  and  in  case  of 
his  absence  or  inability  to  act,  his  deputy  or 
assistant,  when  appointed  by  the  common 
council,  shall  have  the  power  to  administer  an 
oath  to,  and  examine  under  oath  any  person 
applying  to  him  for  relief,  and  false  swearing 
upon  or  at  such  examination  shall  be  deemed 
willful  perjury.  He,  and  in  case  of  his  ab- 
sence or  inability  to  act,  said  deputy  or  assist- 
ant,   shall   have    the   same   power  to    institute 


City  ok   Kochksikk  2(31 

Old  Chart  el- 


and settle  cases  of  bastardy,  as  are  now  or 
hereafter  may  be  conferred  upon  the  superin- 
tendents of  the  poor  of  a  county  and  shall  pos- 
sess all  the  powers  and  authority  of  the  over- 
seers of  the  poor  in  towns.  No  child  in  the 
county  of  Monroe  under  sixteen  years  of  age 
shall  be  bound  out  by  the  superintendent  of 
the  poor  of  Monroe  county,  the  overseer  of  the 
poor  of  said  city,  an  overseer  of  the  poor  of 
any  town  in  said  county  or  any  corporation 
authorized  by  law  to  bind  out  children  except 
upon  the  order  of  some  court  or  magistrate  of 
competent  jurisdiction.  {As  ametuic(f  L.  1897. 
Ch.  743). 


262  CiiAKiKK   Law    of    thk 

White  Charter 


ARTICLE  X 

DEPARTMENT  OK  THE  JIDICIARN 

Note — §§  357-376,  and  378-381,  White  (.Charter,  as  first  enacted  were 
repealed  by  I^.  1899,  Ch.  581.  These  sections  provided  for  a  city  court  to 
supersede  the  local  municipal  courts  in  the  cities  of  the  second  class.  The  only 
section  left  unrepealed  was  §  377,  which  appears  below. 

POLICE  COURT 
§  377.  Judges  of  the  municipal  court  may  act  as  police 
justice — In  the  absence  or  inability  of  the  police  ju.stice.  or  in  case 
of  a  vacancy  in  his  office,  either  of  the  cit}'  judges,  or  either  of  the 
judges  of  the  municipal  court  shall  perform  the  duties  of  such  police 
ju.stice.     (As  amended  L.  1903,  Ch.  19). 

Note — It  is  the  practice  to  enter  a  certificate  on  the  police  docket  (under 
§  267.  Old  Charter,  this  book,  p.  27S),  whenever  the  police  justice  is  absent  and 
one  of  the  judges  of  the  municipal  court  is  called  on  to  preside. 

No'i'K — §§  382-389.  inclusive,  omitted  in  WMiite  Charter  as  first   enacted. 

>;  390.  Police  court — There  shall  be  a  court  of  criminal  jiuis- 
diction,  to  be  known  as  the  •■  police  court,"  with  tlie  juri.sdiction  aiul 
powers  hereinafter  provided.  There  shall  be  one  justice  of  the 
court.      (As  (iffwnded  /..  \^(y).  C/i.  5S1). 

i?  391.  Police  justice  ;  term  and  salary — At  the  city  elec- 
tion the  office  shall  be  tilled  by  election,  and  the  justice  so  elected 
shall  hold  office  for  the  term  of  six  years,  and  shall  receive  an  annual 
salary  to  be  fixed  by  the  board  of  estimate  and  apportionment,  at  not 
less  than  twenty-five  himdred  dollars  per  annum.  {As  ainended  L. 
1899,  Ch.  581). 

See  note  as  to  oath  of  office  under  §  61,  White  Charter,  ihi.'^   book,  p.  70. 


City  ok   Kochesikk  'Hjy, 

White  Cliarler 

§  392.  Vacancy  in  office  of  police  justice — Whenever  a 
vacancy  shall  occur  in  the  office  of  police  justice,  on  account  of  the 
expiration  of  the  term,  or  for  any  other  cause,  said  office  shall  be  filled 
at  the  next  city  election,  and  the  person  so  elected  shall  hold  office  for 
the  term  of  six  years,  provided,  however,  that  until  the  first  day  of 
January,  subsequent  to  the  said  election,  the  said  vacancy  shall  be  filled 
by  the  appointment  of  some  qualified  and  competent  person  by  the 
mayor.      {As  atncih/eil  L.  1899,  6'//.  581). 

§  393.  Qualifications  of  police  justice — No  person  shall  be 
eligible  to  the  office  of  police  ju.stice  unless  he  be  an  elector,  and  has 
been  an  attorney  of  thi'  supreme  court  of  the  state  for  five  years. 
(Z.  1898,  Ch.  182). 

I?  394.  Exclusive  jurisdiction  of  police  justice — .Subject  to 
the  power  of  removal  provided  by  sections  fifty-seven  and  fiftv-eight  of 
the  code  of  criminal  procedure,  a  police  justice  shall,  in  the  first  in- 
stance, have  exclusive  jurisdiction  to  try  and  determine  all  oft'enses 
triable  in  courts  of  special  se.ssions.  and  shall  have  the  powers  and 
jurisdiction  conferred  upon  such  courts  by  section  fift)'-six  of  the  code 
of  criminal  procedurt'.  and  the  ]i()lice  justice,  or  other  ofiicer  acting;  in 
his  place,  shall  ha\e  power  to  impose  ;in\  sentence,  punishment. 
*crime.  imprisonment,  or  both,  as  is  provided  in  such  cases  bv  the 
provisions  of  the  penal  code  or  bv  spt-cial  statutes  of  the  state  i./> 
(inirihlc.l  /..   i89().  ('//.  58  1). 

Public  intoxication  is  a  crime—  lln-  l.it|u<)i  I  :i.\  l-aw.  §  40;  «)rtii 
naiici- of  (  ii\  nl  K(H  li<si<  I  itlatin.!;  to  I'lihlii  .Safety  and  CidckI  Order.  |)a>sccl  Ma\ 
II.  iSc;;,  {(  I  I :  IVople  vs.  French.  102  N.  ^■.  58^;  Jury  trial  may  be  had 
I'eop).'  v-,  riitn.im.  :;  Tarktr's  Cr.  Xfi^U;  I'enple  \s.  Kivncli.  lOj  N.  \'.  ,S  ;;  juris- 
diction of  courts  of  special  sessions— People  vs.  Mnlkins.  25  Misc.  s.j.) : 
does  not  make  disorderly  person  under  CodeCrim.  F'roc.,  !j$  899-913 
I'eojjle  rx  rcl.  .Miniull  VS.  M.iikill.  JO  Mi-1  .  i(m;  persons  con\  icted  «)f 
drunkenness  in  Rochester  shall  be  committed  to  Alonroe  county  pen- 
itentiary Alt  in  1.  l.iiion  to  ih.-  M..nr.>(  « .  muUv  \\..ikh<)ii-.r.  I,.  |S;S.  (  h.  |SS. 
l)id)lished  in  full  this  h.x.k. /','.f/.  .^t-e  index.  See  alsci.  (  »ld  Chail.r.  §  .'(.4.  thi-. 
Ixiok.  p.  .'74. 

*.*^<)  in  s  ssimi  l.iws.      I'rohaMv  ^h(i\dd  read   "tini'." 


•J»)4  ClIAKlKK     K.WV    Ol       IIIK 

White-   Charter 

Police  justice  may  sentence  for  one  year  and  impose  fine  of  five 
liundred  dollars,  or  both,  under  l*enal  Code,  >;  15  I'toi)!^  i..\  rcl.  lOliott 
\s.  Webster.  Monroe  Co.  Court.  oi)inio»  l)y  .Sutlierlaiul.  J..  (May,  lyoi);  People 
e.\  rel.  Lydden  vs.  Webster,  Supreme  Court.  Monroe  special  term,  opinion  l>y 
Nash.  J.,  (tiled  Nov.  2S.  19OJ). 

<?  395.     Jurisdiction    of  police  Justice      FAtiy   police  justice 

shall  also  have   power  to  try  the  f()ll()\viii<;  olien.scs  committed   within 

his   jurisdiction,    namely,   cases  of   malicious  mischief  or   injury  ;   all 

offenses    against    public   decency;    sellin^^    unwholesome    provisions; 

breaches  of  the  ])eace ;   all  violations  of  the   laws  and   ordinances  of 

the  city,  and  of  the  board  of  health  thereof,  and  all  other  offen.ses  of 

the   grade  of   misdemeanor   under   the  laws  of  the  state.     ( /,.  1898. 

C/i.  182). 

Jurisdiction  of  police  justice — old  Charter.  S  J65,  this  book,  \>.  275. 

§  396.  Bastardy  proceedings — Every  police  justice  shall 
also  possess  the  powers  and  perform  the  duties  of  justices  of  the  peace 
of  towns  in  ca.ses  of  bastardy.  .Such  proceedings  shall  be  governed  by 
the  provisions  of  the  code  of  criminal  procedure  except  that  they  may 
be  held  and  (onducted  before  either  one  of  the  justices  with  the  same 
force  as  if  two  magistrates  were   present.      (Z.  1898,  67/.  182). 

Bastardy  proceedings — diiXv  <rini.  l'n>r..  §(5  S^y^S6o.  inclusive. 

[Jability  of  surety  in  bastardy  proceedinjjs  —  IV-opk-  ex  rel.  Kitten- 
thaler  vs.  Hi.nniiis.  151    N.  N.  571. 

§  397.  Office  hours  of  police  justice  It  shall  be  the  duty  of 
the  police  justice  to  be  present  at  the  police  court  rooms  at  such 
times  and  for  such  hours  as  the  public  interests  may  require,  unless 
necessarily  detained  therefrom.      {As  (imeiulrii  I..   1S99.  ('//.  5.S1  ). 

$  398.      Police  clerk  and  a.ssistants  ;   powers  and  duties — 

The  police  justice  shall  have  a  clerk  ot  the  court  who  shall 
be  the  confidential  appointee  of  said  justice,  and  who  shall 
have  the  power  to  take  informations  upon  which  warrants  for 
the  arrest  of  persons  charged  with  the  commission  of  a  crime 
may    be    issued    by    said    justice.        The    clerk     shall   also    have    the 


( 'irv  OK    K<n  nK>rn<  -<'>'> 

White  Charter 

power  to  issue  iind  sign  subptenas,  to  adiuinister  oaliis  to  wit- 
nesses, to  make  and  sign  executions,  comniilmenls  and  tertiti- 
cates  of  con\  i<  lion  and  lo  certify  to.  and  sign,  copies  thereof  for  the 
execution  of  any  judgments  rendered  in  pohce  court,  as  police  justice 
or  as  a  court  of  special  sessions.  The  clerk  of  the  court  shall  receive 
all  penalties  and  other  moneys  or  fees,  and  shall  pay  the  same  into 
the  city  treasury  once  in  each  week,  and  shall  cause  monthly  an  itemized 
account  of  the  same  to  be  published  in  the  official  newspapers.  The 
said  justice  shall  have  such  other  clerical  assistance  as  the  board  of 
estimate  and  apportionment  may  prescribe  ;  all  clerks  to  be  appointed 
by  the  said  justice  shall  serve  during  the  pleasure  of  said  justice. 
Said  appointment  or  appointments  lo  be  in  writing  and  tiled  with  the 
clerk  of  the  county  in  whic  li  the  city  is  located,  and  with  the  l)oard  of 
estimate  and  apportionment.  Each  of  said  clerks  shall  give  a  bond 
to  the  city  for  the  faithful  performance  of  the  duties  of  their  respect- 
ive offices,  as  said  duties  may  be  prescribed  by  the  board  of  esti- 
mate and  apportionment,  with  the  approval  of  said  justice  in  such 
form  and  fcjr  stu  h  sums  and  with  such  sureties  as  shall  be  appnned 
by  the  board  of  estimate  and  ipportioimuiU.  and  shall  tile  the  same 
with  the  lomptroUer  of  the  (  il\ .  The  jiolice  justice  may  appoint,  and 
at  pleasiue  remove,  a  police  (oiiit  attendant,  who  shall  perform  such 
services  as  may  be  reipiired  <if  him  b\  the  police  justice,  and  shall 
be  subject  to  the  order  and  control  of  said  justice  and  of  no  other 
per.son.  He  shall  be  in  thee.xempt  class  of  the  civil  service,  and  shall 
receive  not  less  than  the  salaiy  of  a  detective  c»r  detective  sergeant, 
to  be  fixed  b\  the  ho.ird  of  estimate  and  apjiortionment.  The  police 
justice  mav  appoint  a  member  of  the  police  department  to  said  jxisition 
and  in  such  case  said  appointee  shall  be  paid  upon  the  certiticate  of 
the  police  ju.stice.  from  the  same  fund  as  other  police  officers,  and 
when  he  shall  retire  from  office  he  shall  be  re-assigned  lo  duty  by  the 
chief  of  police  tothe  rank  fiom  which  he  came.  {AsamtH,/<;/  /..  njoi. 
C/i.  (104  I. 


266  (^HAkiKK    Law    oi-     ihk 

White   Charter 

§  399.  Jury  lists — Whenever  a  list  is  made  by  the  proper 
officer  or  officers  of  the  persons  who  are  required  to  serve  as  jurors  in 
the  courts  of  record  to  be  held  in  the  county  in  which  the  city  is  situ- 
ated, a  du|)licate  of  such  list  shall  be  tiled  by  such  officer  or  officers 
with  the  city  clerk.  ilu'  cltTk  shall  inuncdiately  make  two  copies 
from  such  list  of  all  the  names  of  jurors  therein  who  are  residents  oi 
the  city,  and  tile  one  of  such  copies  in  the  city  court  and  one  in  the 
police  court.     (/..  uSqX.  67/.  182). 

Act  creating  commissioner  of  jurors — L.  1897,  Ch.  346;  amended,  1,. 
1900,  Ch.  565;  J..  1901,  Ch.  377.  excepting  the  police  court  of  Rochester;  1,. 
1902,  Ch.  408. 

Disposition  of  unclaimed  fees  of  jurors — 1..  iSifcj,  Ch.  150. 

§  400.  Jury  trial  may  be  had — In  the  police  court  at  the  time 
of  interposing  any  plea  which  forms  an  issue  of  fact,  the  defendant  may 
demand  a  trial  by  jury,  and  unless  so  demanded  then  a  trial  by  jur)-  is 
waived.      (/.  1898.  C7/.  182). 

§  401.  Jury  trials — When  a  trial  by  jury  is  dul\- demanded  as 
above  proxided.  the  police  justice  at  the  time  presiding  in  the  court 
must  forthwith  openly  draw  such  number  of  ballots  as  he  deems  neces- 
sary from  a  box.  or  other  receptacle,  containing  the  names  of  the  per- 
.sons  who  are  returned  as  jurors  of  the  city  for  the  courts  of  record  of 
the  roimty  upon  the  last  list  thereof  tiletl  in  such  court  b\  the  city 
clerk,  as  al)o\-e  pro\ided.  as  jurors  to  attend  for  the  purpose  of  tr\ing 
the  issues  joined  as  above  stated  at  a  time  to  which  the  cause  in  which 
issue  has  been  joined  shall  then  be  adjourned  by  him,  not  more  than 
eight  days  from  the  joining  of  issue,  unless  the  jjarlies  consent  to  a 
longer  adjournment,  which  cf)n.sent  shall  be  entered  in  the  minutes  of 
the  court.  Before  drawing  such  ballots  they  shall  be  thoroughly  min- 
gled in  the  box  or  receptacle  containing  them.  Thereafter,  except  as 
herein  otherwi.se  provided,  and  so  far  as  consistent  with  this  act,  the 
provisions  of  section  twenty-nine  hundred  and  ninetv-two.  tweiU\-nine 
hundred  and  ninetv-three.  twentv-nine  hundred  and  ninetv-four.  twentv- 


City  ok   Koc  hksikk  267 

While   Chanel 

nint-  hundred  and  ninety-tive,  Uventy-nine  luindred  and  ninety-six. 
twenty-nine  hundred  and  ninety-seven,  twenty-nine  hundred  and  ninety- 
eight,  twentv-nine  innulred  and  ninety-nine,  three  thousand  and  six, 
three  thousand  and  seven,  three  thousand  and  eight  and  three  thousand 
and  nine  of  the  code  of  civil  procedure  shall  govern  the  further  pro- 
ceedings upon  the  issue  joined  as  above  provided.  The  police  justice 
has  the  powers  and  duties  conferred  and  imposed  upon  justices  of  the 
peace  under  those  sections,  'i'he  venire  must  be  issued  in  criminal 
cases  to  a  police  officer,  who  siiall  have  all  the  powers  and  duties  of 
constables  under  those  sections.     (Z.  1898,  Ch.  182). 

j^^jTE — The  sections  of  the  Code  of  Civil  Procedure  cited  in  the  al)ovc 
§  401.  White  Charter,  rtft-r  to  juries  in  justices"  courts. 

§  402.  Pay  of  jurors — Jurors  in  the  city  court  shall  receive 
the  same  compensation  as  jurors  in  justices'  courts  held  by  justices 
of  the  peace.     (/.  1898.  C/i.  1S2). 

A*  to  jurors' fees — Code  Civil   I'lo.  ..  §  jj-*^". 

§  403.  Term  of  certain  justices  The  [jolice  justices  of  the 
cities  of  Syracuse,  .Mbaiiy.  and  Rochester,  shall  continue  in  office 
under  the  powers,  provisions  and  restrictions  of  this  act  until  the  expi- 
ration of  the  term  for  which  they  were  elected.     ( /..  1898.  C/t.  i8j). 

( )kl  Cli.m.i 

§  f)5.  Duties  of  police  clerk  ;  removal 
of  police  justice  and  clerk  -All  the  lines 
and  penalties  ini|)ose(l  1)\  said  police  justice 
shall  be  paid  to  the  police  clerk,  and  all 
monevs  that  shall  be  paid  to  or  received  by  him 
as  such  shall  belong  to  the  city  of  Rochester, 
and  the  police  clerk  shall  report,  on  oath,  to 
the  said  common  council,  at  the  first  regular 
meeting  thereof  in  each  month,  during  the 
term  for  which  he  shall  be  appointed,  the  num- 
ber and  names  of  persons  fined,  and  the  names 
of  persons  against  whom  judgment  shall  have 
been   rendered    bv  said    jiolire   justice  for  anv 


-6s  ChAKIKK     I- aw     ()!•      IHK 

<  »1(1   CharUT 

penalty  or  penalties,  with  the  dates  and 
amounts  of  such  tines  and  penalties  respec- 
tively, and  all  moneys  collected  or  received  by 
him  as  such  police  clerk,  for  fines,  or  penalties, 
or  otherwise,  and  shall  pay  to  the  treasurer  of 
said  city,  in  each  and  every  week  during  the 
term  for  which  the  said  police  clerk  shall  be 
elected  or  appointed,  or  during  which  he  shall 
hold  said  office,  all  moneys  received  by  him 
which  are  hereinbefore  declared  to  belong  to 
said  city  :  which  moneys,  except  as  heremafter 
otherwise  expressly  provided,  shall  be,  by  said 
treasurer,  credited  to  the  police  fund,  and  any 
neglect  to  comply  with  the  provisions  of  this 
section  shall  be  good  ground  for  the  removal 
from  office  of  said  police  clerk.  The  said  po- 
lice justice  may  be  removed  from  office  by  the 
county  court  of  Monroe  county,  for  official  mis- 
conduct, neglect  of,  or  unfaithful  or  insufficient 
performance  of  any  of  his  duties,  on  charges 
preferred  by  the  common  council  or  by  any 
one  or  more  electors  of  the  said  city  of  Roch- 
ester :  but  notice  of  such  charges  against  him, 
and  an  opportunity  of  being  heard  in  his  de- 
fense, shall  first  be  given  in  such  a  manner  as 
said  court  or  the  judge  tliercof  shall  direct. 
(/.  1880,  67/.  14). 

Fines  for  cruelty  to  animals — I'unal  COde. 

5J  66.  Police  dockets  open  for  inspec- 
tion ;  how  enforced — All  dockets  and  other 
books  kept  by  said  police  clerk  shall,  at  all 
times,  be  subject  to  the  inspection  and  exami- 
nation of  the  city  attorney,  the  connnon  coun- 
cil, or  any  member  thereof,  or  of  the  board  of 
police,  and  it  shall  be  the  duty  of  said  clerk  to 
produce  such  docket  or  books  whenever  and 
wherever  the  common  council  or  board  of  po- 
lice shall  direct  :  and  if  he  shall  neglect  or 
refuse  to  produce  such  docket  or  books  as 
required,  the  county  judge  of  Monroe  county 
may.  on  application  to  him  for  that  pur- 
pose, make   an  order   requiring  the  same  to  be 


C'llV    OK     R(K  MKSTKK  '269 

<  )1(1   Charter 


produced,  and  enforce  obedience  thereto,  and 
punish  disobedience  thereof  in  the  same  man- 
ner in  which  f)be(hence  to  other  orders  made 
by  him  is  enforced  or  disobedience  thereof 
punished.     (Z.    1880,   Ch.   14). 

5i  67.     Sale    of     unclaimed     articles  — 

Upon  the  order  of  the  police  justice  it  shall  be 
the  duty  of  the  police  clerk,  on  the  first  Monday 
in  November,  in  every  year,  to  deliver  an  ac- 
count, verified  by  his  oath,  to  the  mayor  of 
said  city,  of  all  moneys,  goods,  wares  and  mer- 
chandise then  remaining  unclaimed  in  said  po- 
lice ofTice.  and  innnediately  thereafter  give 
notice  by  publishing  the  same  once  a  week  for 
three  weeks  in  one  of  the  public  newspapers 
printed  in  the  said  city  of  Rochester,  to  all 
persons  interested  or  claiming  .such  property, 
that  unless  claimed  by  the  owner,  with  sati.s- 
factor)-  proof  of  such  ownership,  before  a  speci- 
fied day.  the  same  shall  be  sold  at  auction  to 
the  highest  bidder.  On  the  day  and  at  the 
place  specitied  in  such  notice,  all  property 
remaining  unclaimed,  except  money,  shall  be 
sold  at  auction  by  said  clerk,  or  under  his 
direction.  If  any  goods,  wares,  merchandise 
or  chattels  of  a  perishable  nature,  or  which 
shall  be  expensive  to  keep,  shall  at  any  time 
remain  unclaimed  in  said  police  otVice.  it  shall 
be  lawful  for  said  police  justice  to  order  the 
said  clerk  to  sell  the  same  at. public  auction  at 
such  time  and  after  such  notice  as  to  said  [X)lice 
justice  shall  seem  proper.  The  said  clerk 
shall,  innnediately  after  tiie  sale  of  any  property 
in  accordance  herewith,  pay  to  the  treasurer  of 
said  city  all  moneys  remaining  vmclaimed  in 
his  hands  as  such  police  clerk,  and  all  moneys 
received  bv  him  ujjon  such  sale,  after  deduct- 
ing the  expenses  thereof.  (As  iinirn</i;f  /., 
1897.    C/i.   784^ 

§  68.  Stolen  property  I'pon  order  of 
the  police  justice  it  shall  be  the  duty  of  the 
police  clerk,  whenevi-r  he  shall  obtain    posses- 


•J70  Chartf.k   Law  ok  thk 

Old    Cliaiter 


sion  of  any  stolen  property,  on  his  receiving 
satisf actor)'  proof  of  ownership,  from  the  owner, 
to  deliver  such  property  to  the  owner  thereof, 
on  his  paying  all  necessary  and  reasonable  ex- 
penses which  may  have  been  incurred  for  the 
preservation  and  sustenance  of  such  propert)'. 
(As  ainended  /,.    1897,   67/.  784). 

§  69.  When  stolen  property  to  be  held 
as  evidence — No  property  shall  be  sold  or 
delivered  in  pursuance  of  the  foregoing  sections 
if  the  district  attorney  of  Monroe  county  shall 
direct  that  it  shall  remain  unsold  or  undeliv- 
ered for  the  purpose  of  being  used  as  evidence 
in  the  administration  of  justice.  (/.  1880, 
Ch.    14). 

§  260.  Appeal  from  police  court  judg= 
ments;  return  and  offer  on  appeal ; 
costs  —  An  appeal  ina\-  be  taken  from 
any  judgment  rendered  by  the  police  jus- 
tice in  a  suit  brought  to  recover  any 
penalty  of*  forfeiture  for  the  violation  of 
an  ordinance  of  the  common  council  to  the 
county  court  of  Monroe  county,  within  the 
same  time,  in  the  same  manner  and  with  the 
same  effect  as  appeals  are  taken  from  justices' 
judgments  to  county  courts,  where  a  new 
trial  is  not  had  in  the  appellate  court,  and  the 
respondent,  or  his  or  its  attorney,  may,  within 
twenty  days  after  the  service  on  it  of  the 
notice  of  appeal,  serve  upon  the  appellant,  or 
his  or  its  attorney,  in  one  of  the  modes  pre- 
scribed for  the  service  of  papers  by  section 
seven  hundred  and  ninety-seven  of  the  code 
of  civil  procedure,  a  written  stipulation  that 
the  judgment  appealed  from  may  be  reversed, 
in  whole,  or  in  part,  as  therein  specified,  with 
two  dollars  costs  and  disbursements,  and 
within  five  days  thereafter,  the  appellant,  or 
his  or  its  attorney,  shall  serve  upon  the  re- 
spondent's attorney  a  written  notice  that  said 
offer  is  accepted,  and  in  that  event,  upon  filing 

*So  in  the  original. 


City  ok   Rochestkk  271 

old   Charter 


the  offer  and  acceptance  and  proof  of  service 
thereof,  within  the  time  aforesaid,  judgment  may 
be  entered  by  the  clerk  of  the  county  court  in 
accordance  with  the  offer,  but  in  case  said 
offer  is  not  accepted,  the  appeal  may  be 
brought  to  a  hearing  at  any  term  of  the  county 
court,  and  in  case  the  appellant  does  not  ob- 
tain a  more  favorable  judgment  upon  said 
appeal,  exclusive  of  any  costs  or  disbursements 
of  said  appeal,  than  as  stated  in  said  offer,  the 
respondent  shall  be  entitled  to  the  costs  and  dis- 
bursements of  said  appeal.  'I'he  same  proceed- 
ings shall  be  had  as  is  provided  in  articles  first 
and  second  of  title  eight  of  chapter  nineteen  of 
the  said  code  of  civil  procedure,  except  as  is 
herein  otherwise  specially  provided.  A  return 
shall  be  made  to  said  county  court  by  said 
police  justice,  in  the  same  manner  and 
time  in  which  justices  of  the  peace  are  re- 
quired to  do  upon  appeals  taken  from  their 
judgments  to  county  courts,  and  said  police 
justice  shall  receive  the  sum  or  fee  of  two  dol- 
lars for  making  such  return,  and  which  shall 
be  paid  by  him  into  the  city  treasury  to  the 
credit  of  the  contingent  fund.  I'pon  any 
appeal  provided  for  herein  the  award  of  costs 
is  regulated  as  follows  : 

1.  If  the  appeal  is  dismissed  because 
neither  party  brings  it  to  a  hearing,  as  pre- 
scribed in  section  three  thousand  and  si.\ty-two 
of  the  code  of  civil  procedure,  costs  shall  not 
be  awarded  to  either  party. 

2.  If  the  judgment  is  reversed  for  an  error 
in  fact,  not  affecting  the  merits,  or  if  a  new 
trial  is  directed  before  the  police  justice,  the 
costs  of  the  appeal,  not  exceeding  fifteen  dol- 
lars in  amount,  are  in  tiie  discretion  of  the 
appellate  court. 

3.  If  the  judgment  i^  .itlirnied.  costs  must 
be  awarded  to  the  respondent. 

4.  If  the  judgment  is  reversed,  except 
upon  an  offer  made  as  herein  specified,  costs 
must  be  awarded  to  the  apjiellant. 


272  Charter    Law  ok    riiK 

Olci  Chanel- 

5.  If  the  judgment  is  affirmed  only  in  part, 
the  costs,  or  such  a  part  thereof  as  to  the 
appellate  court  seems  just,  not  exceeding  ten 
dollars,  besides  disbursements,  may  be  award- 
ed to  either  party. 

6.  Upon  such  an  appeal,  costs,  when  award- 
ed must  be  as  follows,  besides  disburse- 
ments : 

(1)  For  all  proceedings  before  notice  of 
argument,  five  dollars. 

(2)  For  all  proceedings  after  notice  and 
before  argument,  five  dollars. 

(3  )     For  argument,  ten  dollars. 

Upon  an  appeal  taken  as  aforesaid  either 
party  may,  at  any  time  after  the  return  is  filed 
in  the  appellate  court,  and  before  the  argu- 
ment, serve  upon  the  adverse  party  a  written 
offer  to  allow  judgment  to  be  taken  for  a  sum, 
or  to  the  effect  therein  specified,  with  or  with- 
out costs.  If  the  party  receiving  the  offer, 
within  five  days  thereafter,  serve  upon  the 
adverse  party  notice  that  he  accepts  it,  he  may 
file  it  with  proof  of  acceptance,  or  the  adverse 
party  may  hie  it  and  the  notice  of  acceptance 
and  proof  of  receipt  thereof ;  and  thereupon 
the  clerk  must  enter  judgment  accordingly. 
If  the  offer  is  not  thus  accepted  it  cannot  be 
proved  upon  the  argument,  and  if  the  party  to 
whom  it  was  made  fails  to  obtain  a  more 
fa\orable  judgment  than  is  stated  in  said  offer 
he  cannot  recover  costs  from  the  time  of  the 
offer,  but  he  must  pay  costs  from  that  time. 
This  section  as  amended  .shall  apply  to  any 
judgment  heretofore  as  well  as  hereafter  ren- 
dered by  said  police  justice.  {Aniefidcd  L. 
1 88 1.  67/.  343;  /..  1890,  Ch.  561). 

^   362.     Vagrants    defined  ;    how  pun= 

ished — All  persons  being  habitual  drunkards, 
destitute,  and  without  visible  means  of  support, 
or  who  shall  abandon,  neglect  or  refuse  to  aid 
in    the    support   of  their   families,  being  com- 


C\r\    OK    Koi  iiKSTER  'liy, 

Old   Charter 

plained  of  by  such  families;  all  able-bodied  beg- 
gars, who  may  apply  for  alms  or  solicit  charity: 
all  persons  wandering  abroad,  lodging  in 
watch-houses,  out-houses,  market-places,  sheds, 
stables,  or  uniniiabited  dwellings,  or  in  the  open 
air,  and  not  giving  a  good  account  of  them- 
selves ;  all  common  brawlers  and  disturbers  of 
the  public  quiet:  all  persons  wandering  abroad 
and  begging,  or  who  go  about  from  door 
to  door,  or  place  themselves  in  the 
.streets,  or  other  public  places,  or  beg  or 
receive  alms  within  the  said  city,  shall 
be  deemed  vagrants,  and  may  upon  conviction 
before  the  police  justice  of  such  city,  be  sen- 
tenced to  confinement  in  the  Monroe  county 
penitentiar)-.  for  any  time  not  exceeding  sixty 
days,  at  hard  labor.      (/..  1880,  CA.  14).. 

^  263.  Disorderly  persons  defined  ; 
punishment;  payments  to  o\erseer  of 
the  poor  for  the  support  of  family  ; 
undertakinjt  ;  suits — l.\ery  per.son  who 
shall  threaten  to  abandon  or  who  shall  have 
actually  abandoned  his  family,  wife  or  children 
in  the  city  of  Rochester  without  adequate  sup- 
port, or  in  danger  of  becoming  a  burden  upon 
the  public,  or  who  may  neglect  to  provide 
according  to  his  means  for  his  family,  wife  or 
children  is  hereby  declared  to  be  a  disorderly 
person  within  the  meaning  of  section  eight 
hundred  and  ninety-nine  of  the  code  of  crimi- 
nal procedure,  and  may  be  proceeded  against 
as  such  in  the  manner  directed  by  title  .seven 
of  .said  code.  In  case  of  the  conviction  of  any 
such  person  as  a  disorderly  per.son.  tiie  magis- 
trate convicting  shall  m;ike  an  order  specifving 
a  certain  amount  to  be  paid  to  the  overseer  of 
the  poor  of  said  city,  weekly  for  and  towards 
the  su])p<)rt  of  the  family,  wife  or  children  of 
said  defendant  for  the  period  of  one  year,  and 
the  undertaking  directed  to  be  given  by  sub- 
division one  of  section  nine  hundred  and  one 
of  said  code  upon  the  conviction  of  such  per- 
.son shall  be  to  the   elTect   that    the   defendant 


274  ("hakikk    Law   ok    imh 

Old   Charter 


will  pay  to  said  overseer  of  the  poor  said 
weekly  sum,  as  aforesaid,  for  and  during  said 
period  of  one  year.  The  amount  of  such 
weekly  allowance  or  payment  may  at  any  time 
be  increased  by  order  of  the  police  justice,  or 
person  acting  in  his  place  upon  application  of 
such  family,  wife  or  children,  and  upon  notice 
of  at  least  five  days  to  the  defendant  and  the 
surety  or  sureties  to  such  undertaking  given  as 
aforesaid,  to  be  served  either  personally,  or  by 
leaving  it  at  his  or  her  place  of  residence  or 
inclosed  in  a  postpaid  wrapper,  addressed  to 
such  person  not  served  personally  or  at  the 
place  of  residence,  at  the  city  of  Rochester, 
New  York,  and  every  such  undertaking  shall 
apply  to  any  and  every  such  increased  amount. 
When  any  suit  is  brought  upon  any  such 
undertaking  the  amount  for  which  judgment 
shall  be  rendered  shall  be  the  weekly  sum  then 
unpaid  under  the  terms  of  snid  undertaking, 
with  the  costs  of  the  suit,  and  successive 
actions  may  be  brought  upon  said  undertaking 
by  the  overseer  of  the  poor  of  the  city  of 
Rochester,  as  such  weekly  payments  shall 
become  due  under  the  terms  of  said  under- 
taking.     (As    amc)tiie(i  L.  1890,  Ch.  561). 

Proceedings  concerning  disorderly  persons — 

Code  Crim.  I'roc,  5J5j  Si,()(ji;,:  public  intoxication 
not  within  code  provisions  as  to  disorderly  per= 
sons — I'eopleex  rt-l.  Shortell  vs.  Markell,  20  Misc.  149. 

«;   264.     Convicted  persons  in  city  con- 
fined   in    Monroe    county    penitentiary — 

Persons  convicted  of  any  criminal  charge,  on 
conviction,  or  upon  conviction  for  violation  of 
the  laws  of  this  state,  in  the  said  city,  shall  be 
confined  in  the  Monroe  county  penitentiary  in 
the  same  manner  as  when  committed  by  the  jus- 
tices of  any  town  in  said  county.  (/.  1 880,(17/.  1 4). 

Maintenance  of  prisoners  sent  to  Monroe 
county  penitentiary — L.  1S74,  Ch.  463.  Puljlished 
in  full,  this  hook./wA  See  also.  Old  Charter,  §  71, 
this  book,  p.  I  34. 

Jurisdiction  of  police  justice — White  Charter, 
§§  394  and  395,  this  book.  pp.  263  and  264. 


C'nv    OK    ROCHK.S'IKK  275 

Old  Charter 


$   26 V     Jurisdiction  of  police  justice; 

stenographer  ;  trials — I'hc  police  justice  of 
said  city  shall  have  jurisdiction  in  any  suit 
brought  for  a  penalt}^  of*  forfeiture  given  for 
the  violation  of  any  city  ordinance,  or  of  the 
laws  concerning  the  internal  police  of  the  state 
and  is  hereby  empowered  to  hold  courts  of 
special  sessions  for  the  trial  of  all  offenses  tri- 
able in  a  court  of  special  sessions.  Every 
court  of  special  sessions  held  by  said  police 
justice,  or  by  one  of  the  judges  of  the  municipal 
court  of  said  city,  or  the  mayor  or  one  of  the  po- 
lice connnissioners  or  aldermen  in  the  place  of 
said  police  justice,  as  is  provided  by  section 
two  hundred  and  sixty-seven  of  this  act,  shall, 
subject  to  the  powers  of  removal  provided  for 
in  chapter  one  of  title  six  of  part  one  of 
the  code  of  criminal  procedure,  have  exclusive 
jurisdiction  to  hear,  try  and  determine  all 
charges  of  misdemeanor  and  such  other 
offenses  or  crimes  punishable  as  such,  as  are 
defined  by  section  fifty-six  of  the  code  of 
criminal  procedure,  or  other  statute  now  or 
hereafter  passed,  where  the  otTense  has  been 
committed  within  the  city  of  Rochester,  and 
of  petit  larceny  committed  as  a  second  oflense 
within  said  city,  and  the  complaint  has  been 
made  to  said  police  justice,  or  one  of  the 
officers  acting  in  his-  place,  or  one  of  the 
judges  of  the  municipal  court  ;  and  the  said 
police  justice,  or  other  officer  acting  in  his 
place,  shall  have  power  to  impose  any  sen- 
tence, punishment,  fine,  imprisonment,  or  both, 
as  is  provided  in  such  *causes  by  the  provisions 
of  the  penal  code  or  by  the  special  statutes  of 
this  state.  The  police  justice  of  said  city  may 
issue  an  execution  upon  any  judgment  hereto- 
fore or  hereafter  rendered  l)y  a  police  justice 
of  said  city.  The  board  of  police  commission- 
ers shall  have  power  to  appoint,  from  time  to 
time,  a  stenographer,  who  shall  jx'rform  such 
duties  as  they  shall,  from  time  to  time,  require 
of  him.  The  police  magistrate  ov  person 
*So  in  the  session  laws. 


Ji76  C'haktkk   Law  ok    thk 

( )ld  C'liurter 

Jurisdiction  of  police  justice — Coniinued 

acting  in  his  stead,  shall  have  power  to  re- 
quire such  stenographer  to  take  the  evidence 
in  all  criminal  cases  or  proceedings  pending  be- 
fore him,  and  shall  have  power  to  require  such 
stenographer  to  transcribe  his  shorthand  notes, 
and  deliver  to  the  district  attorney  of  the 
county  of  Monroe  a  copy  of  such  transcript, 
and  shall  have  power  to  require  such  stenog- 
rapher to  transcribe  his  notes  and  deliver  a 
copy  thereof  to  the  defendant  in  any  action, 
upon  the  payment  to  the  clerk  of  such  police 
court  of  the  sum  of  ten  cents  per  folio  for  each 
folio  of  such  transcript.  The  salary  of  such 
stenographer  shall  be  fixed  by  said  board  of 
police  commissioners,  and  shall  be  paid  in  the 
same  manner  in  which  the  salar)-  of  the  police 
clerk  is  now  paid.  In  any  action  brought  for 
the  violation  of  any  ordinance,  or  of  the  laws 
concerning  the  internal  police  of  the  state  as 
aforesaid,  a  trial  by  jury  may  be  had  upon  the 
demand  of  either  party,  made  before  the  actual 
commencement  of  such  trial,  and  such  trial 
shall  he  conducted  in  the  manner  provided  for 
trials  by  jury  in  justices'  courts  by  the  code  of 
civil  procedure,  and  the  jurors  summoned,  as 
well  as  those  acting  or  sitting  upon  the  trial, 
and  the  ofhcer  executing  the  venire  and  attend- 
ing the  jury,  which  officer  may  be  one  of  the 
members  of  the  police  force  of  said  city,  to  be 
nominated  by  said  police  justice,  shall  be  enti- 
tled to  the  fees  allowed  by  law  to  jurors  and 
constables  for  similar  services  in  trials  by  jury 
before  justices  of  the  peace  or  justices'  courts, 
and  which  fees  shall  be  paid  to  the  said  police 
justice  for  the  purposes  aforesaid  by  the  party 
demanding  such  jury  trial,  at  the  time  such 
demand  is  made,  and  upon  the  failure  to  pay 
the  same,  such  demand  for  a  trial  by  jury 
shall  be  disregarded,  but  the  fees  allowed  to 
said  officer,  if  he  be  one  of  the  members  of 
said  police  force  of  said  city  for  sunmioning  or 
attending  upon  such  jury,  shall  be  ietained  by 
the    police    clerk    and    be    paid    by    him  to  the 


Crrv  oi'  RoiHKsiKK  277 

Old  Charter 

treasurer  of  said  city  to  the  credit  of  the  con- 
tinjjent  fund.  The  municipal  court  of  said 
city  shall  also  have  jurisdiction  of  all  suits 
brouf^ht  for  a  violation  of  any  regulation,  by- 
law or  ordinance  passed,  enacted  or  adopted 
by  the  connnon  counc  il.  board  of  health  or 
execuli\e  board  of  said  city,  where  the  sum  f(jr 
which  judgment  is  demanded  in  the  complaint 
does  not  exceed  ten  hundred  dollars,  exclusive 
of  costs  :  provided  the  same  be  instituted  by 
or  under  the  direction  of  the  corporation  coun- 
sel, or  said  common  council,  board  of  health 
or  executive  board.  Cases  in  said  police 
court  involving  the  trial  or  commitment  of 
children  under  any  of  the  provisions  of  sec- 
tions two  hundred  and  eleven,  two  hundred 
and  twenty-three,  subdivision  four  ;  two  hun- 
dred and  sevent)'-eight.  two  hundred  and 
eighty-two,  two  hundred  and  eighty-seven, 
two  hundred  and  eighty-eight,  two  hvmdredand 
eighty-nine,  two  hundred  and  ninety,  two 
hundred  and  ninet)'-one,  two  hundred  and 
ninetv-two.  three  hundred  and  seventeen,  four 
hundred  and  nine  or  four  hundred  and  ten  of 
the  penal  code  of  this  state,  or  section  eight 
hundred  and  eighty-seven  of  the  code  of 
criminal  procedure  of  this  state,  shall  be  heard 
and  determined  by  said  court  separately  and 
apart  from  the  trial  of  other  criminal  cases,  of 
which  session  a  separate  docket  and  record 
shall  be  kept :  said  trial  shall  be  held  at  such 
place  or  places  as  the  common  council  may, 
from  time  to  time  designate,  and  at  such  suit- 
able times  as  shall  be  designated  therefor  b\ 
such  court.  The  police  clerk  shall  ha\e  the 
same  power  as  the  police  justice  to  subpcena 
witnessess  and  issue  executions  upon  judg- 
ments of  said  police  court  ;  said  clerk  shall 
also  have  the  power  to  administer  the  oath  to 
witnesses  sworn  in  said  court.  (  .Is  aiiuiuiiui 
/..  iSq-j.  Ch.  784). 

Note  on  §  265,  supra — The  White  Charter  has 
.superseilcd  this  section,  in  part  at  least,  vi/ :  Judges 
nf    the    nuinici|)al  court   siiall   sit    in  c.ise    i>f  vacancy 


'J78  CMAkin<    Law   oi     iiik 

Old  (  haiiL-i 


(§  uT)'  jiinsdiclion  in  case  of  all  mistlcnieauors  iiu 
loiifjcr  exclusive  (§  3<;5) ;  the  steii<ij;raphers  and  clerks 
are  appointed  by  the  ])()lice  justice  (§  y)S) ;  stenojj 
rapher's  salary  is  fixed  by  the  Ixiard  of  estimate 
(§  9'^):  J^'O  trial  may  be  demanded  without  regartl 
to  fees  (§  400). 

*}  266.  Execution  of  criminal  warrants 
out  of  municipal  and  police  courts  :  police 
clerk  may  administer  oath  for  warrant 

I  pen  any  criminal  warrant,  duly  issued  by  <mic 
of  the  judges  of  the  municipal  court,  or  by  the 
police  justice,  or  any  person  legally  acting  in 
his  stead,  any  peace  officer,  including  any 
member  of  the  police  department  authorized 
to  serve  the  same,  may  execute  such  warrant 
in  any  part  of  this  state,  without  further  in- 
dorsement or  warrant.  The  police  clerk  is 
hereby  authorized  to  administer  the  oath,  upon 
application  for  a  warrant,  issuable  from  the 
police  court,  or  by  the  police  justice,  or  any 
person  legally  acting  in  his  stead.  (Atnendetf 
L.  1882,  O.'i2o;   /.  1802.  Ch.  1 90). 

$  267.  Absence  of  police  justice  shall 
be  noted  in  docket — A  judge  of  the  muni- 
cipal court,  the  mayor,  one  of  the  police  com- 
missioners, or  aldermen  shall  have  all  the 
jurisdiction,  authority  and  power  of  the  police 
justice  on  the  production  to  such  judge, 
mayor,  commissioner  or  alderman,  of  the  cer- 
tificate of  the  police  justice,  police  clerk,  super- 
intendent of  police  or  acting  superintendent 
of  police  of  the  *absense  of  the  police  justice 
from  the  city  or  of  his  inability  to  act  by 
reason  of  his  illness  or  otherwise,  which  cer- 
tificate shall  be  in  writing  and  be  tiled  with 
the  police  clerk  before  the  issuing  of  any  pr^)- 
cess  or  proceeding  in  any  manner  in  such 
case.  Such  certificate  shall  lie  entered  at 
length  in  the  docket  and  record  f)f  proceed- 
ings, kept  by  the  police  clerk,  and  a  copy 
thereof  made  a  part  of  the  return  to  any  writ 
of  certiorari  or  return  of  any  kind  in  such 
case,  but  it  shall  not  be  necessary  to  recite  or 
*.So  in  the  original. 


City  ok   RornKsiKR  -79 

Old   Charier 


mention  ihc  same  in  any  warrant  or  process 
or  proceedin|i[.  Such  jud^'c,  mayor,  commis- 
sioner, f)r  alderman  shall  issue  process  and 
record  proceed in;,^s  in  his  proper  name  of 
office  as  jud<;e.  mayor,  commissioner,  or  alder- 
man, and  siiall  continue  to  act  in  place  of  the 
police  justice  until  the  production  to  him  of 
the  certificate  of  the  police  justice  in  writing 
of  his  ability  to  act,  which  certificate  shall 
likewise  lie  filed  with  the  police  clerk  and 
entered  in  the  said  docket,  and  thereupon 
matters  |)cnding  undetermined  before  the  said 
person  acting  in  place  of  the  police  justice 
under  this  section,  shall  proceed  before  such 
police  justice,  de  novo,  from  the  return  of  the 
warrant  or  process  or  the  making  of  the 
arrest.  The  person  acting  under  this  section 
in  the  place  f)f  the  police  justice,  while  so  act- 
ing, shall  occupy  the  office  of  the  police 
justice,  and  shall  not  do  any  official  act  in  a 
criminal  case  elsewhere  upon  a  trial,  hearing 
or  determination.  (.-/.f  atti<->ii/<;/  /..  i  S90. 
C//.  56,). 

NorK — In  the  al>sciKe  of  the  police  justice  one  of 
the  municipal  court  judges  now  presides  in  police 
court  undtM   Whiii-    CliarUr.    ($   ^77.  this    1>ook.  p.  2(^2. 


"280  (."harikk    I,\w  of    rnK 

Old   CluirttT 


MUxNlCIPAL    COURT 

Note — Under  auihority  of  ilit-  Slate  Coii.siituiioii, 
the  legislature  established  the  Miinici])al  (.'ourt  of 
the  city  of  Rochester,  by  1-.  ICS76.  Ch.  196.  This  act 
was  consolidated  with  the  Old  Charter  by  L.  1.S80,  Ch. 
14,  and  the  said  court  has  been  in  continuous  existence 
.since.  The  White  Charter,  as  first  enacted,  created  a 
uniform  "  City  Court  "  for  all  citit  s  of  the  second  class 
(L.  1898,  Ch.  182,  §§  357-3^1)-  which  was  to  supersede 
the  Municipal  Courts  of  Rochester  and  Syracu.se,  the 
City  Court  of  Albany,  and  the  Justice's  Court  of  Troy. 
Before  the  White  Charter  went  into  effect  these  pro- 
visions were  all  repealed,  e.\cepiin<j  §  377  (I,.  1899,  Ch. 
581),  which  repeal  left  in  force  that  portion  of  the  ()\d 
Charter  of  the  City  of  Rochester  relating  to  the  Munic- 
ipal Court. 

The  rules  of  practice  in  the  Municipal  Court  are 
simple,  but  for  public  convenience  it  may  be  well  to 
note  that  at  ten  o'clock,  A.  M.,  each  week  day.  all 
cases  fir.st  returnable  are  called,  and  at  ten-thirty,  ail  ad- 
journed cases,  except  Saturdays.  On  Saturdays  there 
is  only  one  call  of  the  calendar,  at  ten  o'clock,  A.  M. 
No  causes  are  tried  on  Saturday,  and  the  Court  is 
closed  .Saturday  afternoons.  Causes  for  trial  are 
preferred  as  follows:  (1)  jury  trials,  (2)  bastardy  pro- 
ceedings (no  longer  heard,  under  L.  1903,  Ch.  297),  (3) 
partially  tried  causes,  (4)  all  other  causes,  in  order  of 
their  dates  of  issue. 

The  Municipal  Court  has  greater  ptjwers  than  jus- 
tices' courts.  It  has  jurisdiction  to  the  amount  of 
fifteen  hundred  dollars;  trial  fee  and  statutory  costs 
are  allowed  (no  trial  fee  bfing  al'owed  when  a  party 
appears  only  in  ])erson);  its  judges  can  charge  a  jury 
on  questions  of  law,  direct  a  verdict,  open  defaults, 
and  have  ten  days  to  render  judgnients.  The  court  ha.s 
jurisdiction  over  non-resident  defendants,  when  served 
within  the  city  of  Rochester,  and  in  this  respect  its 
power  is  greater  than  that  of  the  County  Court.  For 
all  amounts  under  fifty  dollars  said  court  is  practically 
a  court  of  last  resort,  for  in  such  cases  appeal  lies  on 
questions  of  law  only,  and  no  new  trial  can  be  de- 
manded. • 

It  should  be  obsersed  that  the  State  Constitution  of 
1894  forbids  the  legislature  from  creating  local  infeiior 
courts  as  courts  of  record  or  from  conferring  on  such 
courts  any  equity  jurisdiction.  Qtiaeif — Can  the 
Municipal  Court  now  foreclose  mechanics'  liens  under 
§  245,  Sub-div.  14,  Old  Charter  (re-enacttd  L.  1903, 
Ch.  297.  See  this  book,  p.  2S5),or  possess  the  powers 
of   the  Supreme  Court  for   the  ]nnpose  of   forec'osii'g 


C\T\  OF   Rochester  -^1 

Old   Chartfr 


lilt-  eciuityof  redumption  of  all  lands  sold  for  taxes  and 
asse>sments  and  hid  in  by  the  city,  as  set  forth  in 
§  104.  Old  Chart,  r  (as  amended.  L.  1S90,  Ch.  5^)1. 
See  this  book.  p.  20.4). 

The  powers  and  practice  of  the  Municipal  Court  are 
fully  set  forth  in  t.  e  provisions  of  the  Old  Charier, 
which,  as  amended  to  date,  are  as  follows: 

ii  241.  Municipal  court — A  court  of 
civil  juri.sdiclion,  to  \)c  known  as  the  "  mu- 
nicipal court  of  the  city  of  Rochester,""  is  con- 
tinued and  established  in  and  for  said  city, 
with  the  jurisdiction  and  powers  hereinafter 
provided,  and  the  further  jurisdiction  and 
powers  to  have  any  and  all  process  or  papers 
issued  by  the  clerk,  deputy  clerk,  or  one  of  the 
judges,  executed  and  served  anywhere  within 
the  county  of  Monroe,  and  all  process  and 
papers  issued  may  be  directed  to  and  served 
by  any  constable  of  any  ward  within  said  city, 
or  anv  town  within  said  county,  or  by  the 
sheriff  of  said  county  or  any  of  his  deputies. 
The  two  judges  of  the  said  court  now  in  office 
shall  hold  the  said  court  in  the  said  city  as 
hereinafter  provided.  {Am,iiiit-tl  I..  iSi^o.  Ch. 
561  ;  /..   i<So4.  Ch.  2cS). 

.Sec  Code  Civil  Proc.  §§  ;,j jf)-;;;^;. 

The  jurisdiction  of  the  municipal  court  is 
limited  to  the  city  of  Rochester  -I'.and  vs  ihiftr. 
1:  Api).  I)i\.  j;;   /-i^ul"  '  V-.  Coruin.  12  .\pp.  Div.  Oo. 

\,,iK, — The  decisions  noted.  sii/<rii,  were  under 
the  old  constitution.  jurisdiction  of  local  courts 
changed    by    ]>resent  state  constitution.    Art.  \I.  §    iS. 

iJ   242.     Judges  ;     term     and     oath    of 

office- -'lIuTc  shall  l)e  two  judges  of  the 
municipal  court  to  be  elected  as  hereinafter 
provided.  I'he  judges  now  in  office  shall 
hold  their  oftkes  for  the  respective  terms  for 
which  they  were  elected.  The  judges  ap- 
pointed or  elected  as  provided  in  the  charter 
shall  take  the  oath  of  office  prescribed  by  law 
before  entering  upon  their  duties,  and  file  the 
same  in  the  Monroe  comity  clerk's  otVice. 
(  .4.<:  ti»trni/r(f  /..  1901.  ('//.  574)- 


Ii8li  (HAkiKK    Law    ok    iiik. 

Old   Charter 


Oath  of  office  shall  be  filed  with  city  clerk 

—  I'liblic  Officers  I,a\v,  §  lO;  failure  to  take  oath — 
I'enal  Code  §§  42,  4;?;  effect  on  official  acts  of  failure 
to    take  oath — I'ublic  ()tihters  Law.  tj    iv 

§  243.  Election  of  judges — At  the  city 
election  next  preceding  the  end  of  the  term 
of  office  of  a  judge  of  the  municipal  court,  the 
said  office  shall  be  filled  by  the  election  of  a 
judge  of  the  municipal  court  by  electors  of  the 
city,  and  the  person  so  elected  shall  hold  the 
office  for  the  term  of  six  years,  commencing 
on  the  first  day  of  January,  next  thereafter. 
(As  a)iu'>i(i('(I  /..   1901,  C/i.  574  ). 

§  244.  Vacancies;  how  filled — When- 
ever a  vacancy  shall  occur  in  the  said  office, 
the  same  shall  be  filled  by  election  at  the  next 
city  election  in  the  said  city  held  after  the 
happening  of  such  vacancy,  and  the  person  .so 
elected  shall  hold  the  office  from  the  first  day 
of  January  next  after  his  rlrction  until  the 
expiration  of  six  years  from  the  said  first  day 
of  Januar}'^  thereafter.  The  mayor  of  the  city 
in  case  of  a  vacancy  shall  appoint  a  person  to 
hold  the  office  from  the  date  of  the  appoint- 
ment until  the  first  day  of  January  following 
the  next  city  election.  {.Is  amciidcif  I.,  kjoi. 
Ch.  574). 

§  245.  Jurisdiction  of  the  municipal 
court — It  shall  be  the  dutyof  each  of  said  judges 
to  hold  a  court  in  and  for  said  city  of  Roches- 
ter, to  be  called  the  municipal  court  of  the  city 
of  Rochester.  Lach  of  said  judges  may  hold 
a  separate  court  at  the  same  time.  .Said  court 
shall  be  open  for  Ijusiness  each  day  (.Sundays 
and  legal  holidays  excepted )  at  nine  o'clock  in 
the  forenoon,  and  continue  open  during  sea- 
sonable hours  for  the  transaction  of  business, 
and  shall  have  jurisdiction  in  civil  actions  and 
proceedings,  and  criminal  proceedings,  as  fol- 
lows:     {As  anit'iuicd  I..  1903.  Ch.  297). 

I..  In  all  civil  actions  and  proceedings 
cognizable  by  law,  by  justices  of  the  peace  or 
justices'  courts  of  towns  or  formerly  of  said 
city.      {As  amended  /..  1903.  C/i.  297). 


I 


ClTV    Ob     RoCllESlKk  288 

Old   Charter 


2.  In  actions  aiisinj^  on  eonlracls.  express 
or  implied,  inchiciing  an  order,  decision  or 
judj^nient  of  any  court  of  record,  or  a  judge 
thereof,  granting  or  directing  the  payment  of 
any  sum  of  money  to  any  party  or  person  for 
the  recovery  of  money  only,  if  the  amount  for 
which  judgment  is  claimed  does  not  exceed 
one  thousand  live  hundred  dollars,  exclusive 
of  costs;  and  also  in  actions  of  breach  of  con- 
tracts, express  or  implied,  where  the  damages 
claimed  and  for  which  is  demanded  in  the 
complaint  do  not  exceed  one  thousand  five 
hundred  dollars,  exclusive  of  costs.  (As 
nnicnihii  /..   190;^,  Ch.  297). 

3.  In  a  matter  of  account,  when  the  sum 
total  of  the  accounts  of  both  partie.s,  proved  to 
the  satisfaction  of  the  court,  does  not  exceed 
one  thousand  live  hundred  dollars.  {As 
<riiu'n</t(/  /..  1903,  ('//.  297). 

4.  In  actions  for  damages  for  injury  to 
rights  pertaining  to  the  person  or  to  personal 
or  r<;al  property,  or  for  the  conversion  of  per- 
sonal property,  if  the  amount  for  which  judg- 
ment is  dem.mdcd  in  the  (onipl.iint,  exclusive 
of  costs,  does  not  exceed  one  thousand  five 
hundred  dollars.  {As  iiDiciuicil  I..  190^,  C/i. 
-^97)- 

5.  In  an  action  for  a  penalty  or  penalties 
where  the  amount  for  which  judgment  is  de- 
manded in  the  complaint,  exclusive  of  costs, 
does  not  exceed  the  sum  of  one  thousand  five 
hundred  dollars,  besides  (osts.  (./.v  iiim-nJuf 
/,.   n)03.  i  ■//.  2()7  ). 

6.  In  an  attion  upon  the  bonil  or  uniler- 
taking  conditioned  for  the  payn)ent  of  money 
where  the  amount  for  which  judgment  is  de- 
manded in  tiu'  (  (imitl.iint.  exclusive  of  costs, 
does  not  exceed  one  thousand  Xwk:  hundred 
dollars,  though  the  penalty  exceed  th.it  sum. 
the  judgment  to  be  given  for  the  sum  actually 
due.      Where    payments   are   to    be    made   in" 


-K4  (    11  \k  I  IK     I  ,  \\\     Ol       1(1  K 

Old   CliarttT 

iiistnllnicniN.    ;in    action    ina\'    be    biouiilu   fur 
each   installineiit    as    it    becomes    clue.        (^^.v 

tVIK'lll/iu/  /..     KjOV    C/l.    2()-j). 

■J.  In  an  action  u])on  .1  surety  Ixmcl  or 
luulertakinj;  taken  by  said  court,  or  one  of  the 
judges  thereof,  or  a  justice's  court  or  a  justice 
of  the  peace  or  any  other  court,  or  judge,  or 
justice,  except  where  it  is  otherwise  specially 
provided  by  law.  when  the  amount  for  which 
judgment  is  demanded  in  the  complaint,  ex- 
clusive of  costs,  does  not  exceed  the  sum  of 
one  thousand  five  hundred  dollars.  (.-Is  amend- 
ed L.  1903,  67/.  297). 

8.  In  an  action  upon  a  judgment  rendered 
in  a  court  of  record  or  not  of  record,  including 
said  municipal  court,  a  justice  of  the  peace  or 
the  police  justice  of  said  city,  where  such  an 
action  is  not  i^rohibited  by  the  code  of  civil 
procedure.      {As  amended  L.  1903,  C/i.   297). 

9.  To  take  and  enter  judgment  on  the 
confession  of  a  defendant,  when  the  amount 
confessed,  exclusive  of  costs,  shall  not  exceed 
one  thousand  five  hundred  dollars.  Such  con- 
fession to  be  in  the  manner  prescribed  by  sec- 
tion three  thousand  and  eleven  of  the  code  of 
civil  procedure,  and  to  have  the  same  eft'ect  as 
is  provided  by  section  three  thousand  and 
twelve  of  said  code.  (As  amended  I..  1903. 
Ch.  297). 

10.  In  an  action  for  damages  for  fraud  in 
the  sale,  purchase  or  exchange  of  real  or  per- 
-sonal  property,  if  the  amount  for  which  judg- 
ment is  demandefl  in  the  complaint,  exclusive 
of  costs,  does  not  exceed  one  thousand  five 
hundred  dollars.      {As  amended  /..   1903.    C/i. 

297)- 

11.  In  an  action  ronunenced  by  an  attach- 
ment of  property,  as  now  provided  b\-  statute, 
if  the  amount  for  which  judgment  is  demanded 
in  the  complaint,  if  one  be  served  with  the 
summons,  exclusive  of  costs,  or  the  debt  or 
damage  claimed  in  the  affidavit  does  not 
exceed  the  sum  of  one  thousand  five  hundred 
dollars.     (As  amended  L.  1903.  C/i.  297). 


Cnv  or    KoiHKsiKK  285 

Old  Cliartcr 


12.  In  an  action  to  recfjvcr  possession  of 
personal  ])roperty  claimed,  the  value  of  which 
as  stated  in  the  affidavit  by  or  on  behalf  of  the 
plaintiff  when  a  requisition  is  issued  in  the 
action,  or  in  other  case  in  the  complaint,  shall 
not  exceed  the  sum  of  one  thousand  five 
hundred  dollars,  the  same  proceedin<^s  to  be 
had  as  are  pro\  ided  for  justices'  courts  by 
article  fifth  of  title  two  of  chapter  nineteen  of 
the  code  of  civil  procedure,  except  as  is  other- 
wise specified  in  this  act.  (.h  ninciulcd  I.. 
1903,  Ch.  z<)7). 

13.  In   summary   ]3r()ceedin<;s   under  title 
.two  of  chapter  seventeen    of    the  code  of  civil 

procedure,  to  recover  possession  of  real  prop- 
erty, and  to  remove  tenants  and  others,  the 
process  to  be  made  returnable  and  proceed- 
ings and  judgment  to  be  had  and  given 
before  and  by  said  court  by  its  proper  title. 
(.4s  nt)icii(h-il  L.  1903.  Ch.  297). 

14.  In  actions  or  proceedings  under  the 
code  of  civil  procedure  or  any  statute  as  now 
existing,  or  that  may  hereafter  be  amended 
or  passed,  for  the  protection  or  enforcement  of 
the  liens  of  mechanics  and  others,  including 
article  second  of  title  two  of  chapter  fourteen 
of  said  code  where  the  amount  of  the  lien  does 
not  exceed  the  sum  of  one  thousand  live  hun- 
dred dollars,  the  same  proceedings  to  be  had 
as  are  or  may  be  provided  by  said  code  or 
statutes.     (As  (i/ni-nt/<-(/  /..  1903.  ('//.  2<)7^. 

Null. — §  245.  Old  Charier,  (amcndt-d  L.  iS<)0. 
Ch.  s'^"-  a"<l  '••  i'^<)4,  Cii.  2S),  contaiiK-d  .subdivisions 
15,  in  regard  to  bastardy  pnu  eidinps ;  \(\  in  rfj;.Trd  10 
removal  of  ronsiabl'-s ;  17,  atithori/ing  judges  to  sol- 
enini/.e  marriage.  'i'hest-  svil»divisi(>ns  were  not  re- 
t;nacted   in   last   amendment,   .wz/n/.  L.    iqoj,  Ch.  297. 

Inferior  local  courts  hereafter  shall  not  be 
made  courts  of  record  nor  ha\  e  equitx  juris- 
diction     M.ilr  (   on^Ill  uli.  n.    \il     \  I .  >;    1  ~>. 

Charter  provisions  existing  before  the  con- 
stitution  may    be  amended   afterwards.      Thi 

coiisliiiiliiin  iloes  not  li.iv  a  retroai  tivi-  t'ffe(  t — People 
e.\  rel.  l^iriilier  \^  '  n^..i\  i.  M;^.  -  :-  utimi-il. 
IS5  N.  V.  tot. 


-S()  C'li  \K  TKk    Law   (h     ihk 

Old  Cli.iiu-i 


F-acts  nece.ssary  to  jurisdiction  will  not  be 
presumed,  but  must  be  proved — l!i;iuiliias  v- 
Hogan,   I  (i  A  pp.  1  )i\  .   v^- 

Jurisdiction  in  suits  for  violations  of  ordi- 
nances— Old  Charter.  !jfj  2(>>,  and  2 3S,  this  Ix.ok, 
pp.  277  and  ;50i . 

§  246.  Process;  practice;  appeals; 
judgments;  pleadinjj^s  ;  amendment;  exe- 
cution ;  bill  of  particulars  ;  offer  of  judg- 
ment; evidence  of  records  or  proceedings 
of  court;  direction  of  verdict — Process 
shall  be  made  returnable  before  said  court  by 
its  proper  title,  and  shall  be  signed  by  a  judge 
or  by  a  clerk  or  deputy  clerk  of  said  court ;. 
either  of  said  judges  may  hold  said  court,  and 
may  hear,  try  and  determine  any  case  or  pro- 
ceeding brought  in  said  court,  when  there  is 
no  demand  made  for  a  jury,  or  preside  at  a 
trial  by  jury ;  but  in  case  of  proceedings  in 
bastardy,  said  judges  shall  associate  together 
for  the  trial  and  determination  of  the  same. 
The  process,  pleadings,  practice,  trial  by  the 
court  or  jur}',  fees,  costs  and  disbursements, 
judgment  by  action  or  confession,  and  pro- 
ceedings thereon,  shall  be  the  same  as  are 
now  provided  by  law  for  justices'  court,  except 
as  otherwise  provided  in  this  act.  In  cases 
where  the  defendant  is  required  by  law  to  give 
bail  on  application  for  an  adjournment,  the 
amount  of  tlie  penalty  of  the  bond  shall  be  fixed 
by  the  court,  but  shall  not  in  any  case  exceed 
five  hundred  dollars.  Appeal  may  be  had 
from  any  judgment  obtained  in  said  court  to 
the  county  court  of  Monroe  county,  in  the 
same  cases,  in  the  same  manner,  and  with  like 
efTect  as  appeals  are  now  had  by  law  from 
judgments  obtained  in  justices'  courts.  This 
court  shall  not  have  cognizance  of  any 
action  where  the  title  to  real  property  shall 
come  in  question  ;  but  where  such  question 
arises,  the  pleadings  and  practice  shall  be  the 
same  as  are  now  provided  by  law  for  justices' 
courts  in  regard  thereto.  The  clerk  of  said 
court,    on    the    demand  of  a   part^-   in   whose 


(lis     1)1      Koi  HKSTKk  "JHT 

Old  Charter 


favor  juclj:;mcnt  shall  have  l)ccn  rcnck-rL-d,  sliall 
{jive  a  transcript  thereof,  wliich  may  he  hied 
and  docketed  in  the  office  of  the  clerk  of  Mon- 
roe county.  The  time  of  the  receipt  of  the 
transcript  by  said  clerk  shall  be  noted  thereon 
and  entered  in  the  docket,  and  from  that  time 
the  judgment  shall  be  a  judgment  of  the 
county  court.  A  certified  transcript  of  such 
judgment  may  be  filed  and  docketed  in  the 
clerk's  office  of  any  other  county,  and  with  the 
like  etTect,  in  every  respect,  as  in  the  county 
where  the  judgment  was  rendered,  except  that 
it  shall  be  a  lien  only  from  the  time  of  filing 
and  docketing  the  transcript.  But  no  such 
judgment  for  a  le.ss  sum  than  twenty-five  dol- 
lars, exclusive  of  co.sts,  shall  be  a  lien  upon,  or 
enforced  against  real  property.  The  pleadings 
in  said  municipal  court  shall  be  : 

1.  The  comj)laint  by  the  ])laintiff  ;  and. 

2.  'I'he  answer  by  the  defendant. 

The  pleadings  may  be  oral  or  in  writing  ; 
if  oral,  the  substance  thereof  shull  be  entered 
in  the  docket  of  the  court  ;  if  in  writing,  they 
shall  be  hied,  and  a  reference  to  them  shall  be 
made  in  the  docket,  but  such  pleadings  need 
not  be  verihed  e.xcept  as  hereinafter  provided. 
The  complaint  shall  state,  in  a  plain  and  direct 
manner,  the  fact.s  constituting  the  cau.se  of 
action.  The  answer  may  contain  a  denial  of 
the  complaint,  or  any  part  thereof,  and  also 
notice,  in  a  plain  and  direct  manner,  of  any 
facts  constituting  a  defense  or  counter-claim. 
Either  party  may  demur  to  the  pleadings  of 
his  adversary,  or  to  any  part  thereof,  when  it 
is  not  sutficiently  explicit  to  enable  him  to 
understand  it.  or  it  c<intains  no  cause  of  action 
or  defense,  although  it  be  taken  as  true.  If 
the  court  deem  the  objection  well  founded,  it 
.shall  order  the  pleading  to  be  amended  ;  and 
if  the  party  refuse  to  amend,  the  defective 
pleading  shall  be  disregarded.  In  ca.se  a 
defendant  does  not  appear  and  answer,  the 
plaintitT  cannot  recover  (^except  as  otherwise 
hereinafter  provided)  without  proving  his  case. 


288  ("iiAK  IKK    Law  ok    tiik 

Old  fharler 

Process,  practice,  etc.,  of  municipal  court— (Jominutd 
In  an  action  or  defense  founded  upon  an  account 
or  an  instrument  for  the  payment  of  money 
only,  it  shall  be  sufficient  pleading  for  a  party 
to  deliver  the  account  or  instrument  to  the 
court,  and  to  state  that  there  is  due  to  him 
thereon,  from  the  adverse  party,  a  specified 
sum  which  he  claims  to  recover  or  set  off.  A 
variance  between  the  proof  on  the  trial  and 
the  allegations  in  a  pleading  shall  be  disre- 
garded as  immaterial,  unless  the  court  shall  be 
satisfied  that  the  adverse  party  has  been  mis- 
led to  his  paejudice  thereby.  The  pleadings 
may  be  amended  at  any  time  before  the  trial, 
or  during  or  upon  appeal,  when  b\-  such 
amendment  substantial  justice  will  be  pro- 
moted. If  the  amendment  be  made  after  the 
joining  of  issue,  and  it  be  made  to  appear  to 
the  satisfaction  of  the  court,  by  oath,  that  an 
adjournment  is  necessary  to  the  adverse  party  in 
consequence  of  such  an  amendment,  an  ad 
journment  shall  be  granted.  The  court  may 
also,  in  its  discretion,  require,  as  a  condition  of 
amendment,  the  payment  of  costs  to  the 
adverse  party.  Execution  may  be  issued  on  a 
judgment  heretofore  or  hereafter  rendered  by 
said  municipal  court  at  any  time  within  five 
years  after  the  rendition  thereof,  and  shall  be 
returned  sixty  days  after  the  date  of  the  same. 
If  the  judgment  be  docketed  with  the  county 
clerk,  the  execution  shall  be  issued  by  him  to 
the  sheriff,  of  the  county,  and  have  the  same 
effect,  and  be  executed  in  the  same  manner  as 
other  executions  and  judgments  of  the  county 
court.  The  court  may.  at  the  joining  of  issue, 
require  either  party,  at  the  request  of  the 
other,  at  that  or  some  other  specified  time,  to 
exhibit  his  account  on  demand,  or  state  the 
nature  thereof  as  far  forth  as  may  be  in  his 
power,  and  in  case  of  his  default  preclude  him 
from  giving  evidence  of  such  parts  thereof  as 
shall  not  have  been  .so  exhibited  or  stated. 
The  defendant  may,  on  the  return  of  process 
and  before  answering,  make  an  offer  in  writing 


City  ok  Rochkster  289 

Old   Charter 


to  allow  judgment  to  be  taken  against  him  for 
an  amount  to  be  stated  in  such  offer,  with 
costs.  The  plaintiff  shall  thereupon,  and  be- 
fore any  other  proceedings  shall  be  had  in  the 
action,  determine  whether  he  will  accept  or 
reject  such  offer.  If  he  accept  the  offer  and 
give  notice  thereof  in  writing,  the  clerk  shall 
tile  the  offer  and  the  acceptance  thereof,  and 
judgment  shall  be  rendered  accordingly.  If 
notice  of  acceptance  be  not  given,  and  if  the 
plaintiff  fail  to  obtain  judgment  for  a  greater 
amount,  exclusive  of  costs,  than  has  been  spec- 
ified in  the  offer,  he  shall  not  reco\er costs,  but 
shall  pay  to  the  defendant  his  costs  accruing 
subsequent  to  the  offer.  The  forms  of  action, 
parties  to  actions,  the  rules  of  evidence,  the 
times  of  commencing  actions  and  the  service  of 
process  upon  corporations  as  established  by 
the  code  of  civil  procedure,  shall  govern  the 
practice  in  this  court.  Any  certificate  by  the 
said  clerk  or  one  of  the  judges  of  said  court 
under  his  hand,  of  any  fact  or  matter  concern- 
ing the  records  or  proceedings  of  the  court,  or 
any  paper  appertaining  thereto  filed  with  said 
clerk  or  judge  or  of  the  docket,  shall  be  received 
in  evidence  in  all  courts  and  places,  and  be  of 
the  same  force  and  effect  as  if  said  court  was 
a  court  of  record,  and  such  certificate  was 
made  by  the  clerk  thereof  with  the  ofHcial  seal 
attached.  But  said  judges  or  either  of  them, 
in  any  action  or  proceeding  upon  a  trial  by 
jury  before  either  of  them,  shall  have  a  right 
and  it  shall  be  their  duty,  or  the  duty  of  either 
of  them,  in  a  proper  case,  and  for  like  cause, 
to  direct  the  verdict  of  a  jury,  as  to  the  man- 
ner of  rendering  the  same,  and  as  to  the 
amount  thereof,  in  the  same  manner,  and  to  the 
same  effect,  and  subject  to  the  like  objections 
and  exceptions,  as  the  verdict  of  a  jury  in  the 
courts  of  record  in  this  state.  (As  nmetuieJ 
I..    1890,  67/.   561  ;   L.  1892.   Ch.   yoiV 

Municipal   court    cannot    ^jrant   second   ad- 
journment against  defendant's  objection— Mor 

ris  vs.  Hays.  14  App.  Div.  S. 


•J!t(i  ("hakikk    Law   or    ihk 

(Jld  Charter 


Venire  In  action  between  city  and  a  town- 
Code  Civil    I'roi  ..  §   2>)i)2. 

§   247.     Verified     complaint;     how 

served — In  an  action  brought  in  this  court, 
arising  on  contract  for  the  recovery  of  money 
only,  or  upon  account,  the  plaintiff,  at  the 
time  of  issuing  the  summons,  may  file  with 
the  clerk  of  said  court  a  written  complaint, 
setting  forth  in  a  plain  and  concise  manner 
the  facts  or  items  of  account  constitut- 
ing the  cause  of  action,  specifying  the  amount 
actually  due  from  the  defendant  to  the  plain- 
tiff', and  for  which  the  plaintiff  will  demand 
judgment.  Such  complaint  shall  be  subscribed 
by  the  plaintiff"  or  his  attorney,  and  shall  be 
verified  in  the  manner  prescribed  by  the  code 
of  civil  procedure  for  courts  of  record.  Said 
summons  and  complaint  shall  be  served  at  the 
same  time  by  delivering  to,  and  leaving  with, 
the  defendant  personally  a  copy  thereof,  and 
may  be  served  by  any  person  of  full  age  not  a 
party  to  the  action.      (  /,.  1880.  C//.  14). 

§  248.     Answer  to  verified  complaint 

—  In  case  the  defendant  appears  and  answers 
said  complaint,  such  answer  shall  be  in  writing 
and  subscribed  by  the  defendant  or  his  attor- 
ney, and  shall  be  verified  as  above  provided 
for  the  verification  of  the  complaint ;  and  shall 
contain,  fir.st,  a  general  or  specific  denial  of  each 
material  allegation  of  the  complaint,  contro- 
verted by  the  defendant,  or  of  any  knowledge 
or  information  thereof  sufficient  to  form  a  be- 
lief ;  second,  a  plain  statement  of  any  new- 
matter  constituting  a  defense  f)r  counter- 
claim.    (/.  1880,  C//.  14). 

<i  2.\().  Proceedings  on  default;  Ncrified 
complaint;  proof  of  service;  statute  of  limi- 
tations—  In  case  the  defendant  fails  to  answer 
the  complaint  as  herein  provided,  he  shall  be 
deemed  to  have  admitted  the  allegations  of  the 
complaint,  and  the  court,  upon  the  filing  of  the 
summons  and  com]3laint.  witii  the  proof  of  the 


CiTV  OK   Rochester  291 

Old  Charier 


due  service  thereof,  shall  forthwith  enter  judg- 
ment for  the  plaintitt  for  the  amount  demanded 
in  the  com])laint,  with  costs  and  disbursements, 
without  further  proof.  When  the  service  of 
the  said  summons  and  complaint  is  made  by  any 
person  other  than  a  constable,  proof  of  such  ser- 
vice shall  be  made  by  affidavit,  in  which  aflkla- 
vit  he  shall  state  that  such  person  is  over  twen- 
ty-one years  of 'age,  when  and  at  what  particu- 
lar place  and  in  what  manner  he  served  the 
same,  and  that  he  knew  the  person  mentioned 
and  described  in  the  summons  as  defendant 
therein,  and  tliat  he  delivered  to,  and  left  wilii. 
such  defendant  a  copy  thereof.  When  the 
service  is  made  by  a  constable,  his  certificate 
showing  when  and  at  what  particular  place, 
and  in  what  manner  he  served  the  same,  and 
that  he  knew  the  person  mentioned  and  de.scrib- 
ed  in  the  summons  as  the  defendant  therein, 
and  that  he  delivered  to.  and  left  with,  such 
defendant  a  copy  thereof,  shall  be  sufficient 
proof  of  the  service  of  such  summons  and  com- 
plaint. Kvery  pleading  shall  be  subscribed  by 
the  party  or  his  attorney  ;  if  by  attorney,  such 
attorney  shall  have  been  admitted  to  practice 
in  the  supreme  court  of  this  state.  Whenever 
any  judgment  of  said  court  has  been,  at  any 
time  heretofore,  or  shall  be  any  time  hereafter, 
tiled  and  docketed  in  tiie  office  of  the  clerk  of 
Monroe  county,  the  said  judgment  shall  liecome 
a  judgment  of  the  county  court  of  Monroe 
county,  and  any  suit,  action  or  proceeding 
thereon  may  be  had,  taken  or  instituted  at  any 
time  within  twenty  years  from  the  rendition  of 
said  judgment  by  said  municipal  court,  the 
same  as  if  said  judgment  had  been  rendered 
by  said  county  court,  (.-is  ,r///rr/,/r,/  /..  iS{)2, 
C/i.    190). 

$  250.  Costs  and  fee.s  in  municipal 
court  In  all  actions  brought  in  this  court 
tiiere  shall  be  allowed  by  way  of  indemnity  to 
the  prevailing  party  and  included  in  the  judg- 
ment, the  followiuii  sums  as  costs  : 


29li  ("MAkiKK    Law  ok    iiik 

Old   ("luirler 

Costs  In  municipal  court — CdntimiLcl 

1.  \\  hen  the  damages  recovered  amount 
to  twenty-five  dollars,  but  do  not  amount  to 
one  hundred  dollars,  the  sum  of  three  dollars. 
{As  atnended  L.  1892.  Cli.  701). 

2.  When  the  dama<;es  recovered  amount 
to  one  hundred  dollars,  and  do  not  amount 
to  three  hundred  dollars,  the  sum  of  five 
dollars.      {As  amoukd  L.  1892,  Ch.  701). 

3.  When  the  damages  recovered  amount 
to  three  hundred  dollars,  and  do  not  amount 
to  five  hundred  dollars,  the  sum  of  seven 
dollars.      {As  ameniicd  L.  1892,  Ch.  701). 

4.  When  the  damages  recovered  amount 
to  five  hundred  dollars,  and  do  not  amount 
to  seven  hundred  dollars,  the  sum  of  ten 
dollars.     {As  iwiended  L.  1892.  6V/.  701). 

5.  When  the  damages  recovered  amount 
to  seven  hvuidred  dollars,  or  over,  the  sum 
of  fifteen  dollars.  {As  amcndid  /,.  1892.  Ch. 
701). 

6.  When  issue  has  been  joined  and  an 
actual  trial  had  upon  a  question  of  fact,  there 
shall  be  allowed  to  the  plaintiff,  in  addition 
to  the  sums  hereinbefore  specified  where  the 
damages  recovered  *does  not  amount  to  the 
sum  of  two  hundred  dollars,  the  sum  of  five 
dollars.     {As  atnendfd  L.  1892.  Ch.  701). 

7.  When  the  damages  recovered  amount 
to  two  hundred  df)llars.  and  do  not  amount 
to  the  sum  of  four  hundred  dollars,  the  sum 
of  seven  dollars.  {.Is  aiiiiiidi-d  I..  1892,  Ch. 
701). 

8.  \\  lien  the  damages  recovered  amount 
to  ff)ur  hundred  dollars,  and  do  not  amount 
to  seven  hundred  dollars,  the  sum  of  ten 
dollars.     {As  amended    1892.  Ch.  701). 

9.  When  the  damages  recovered  amount 
to  seven  hundred  dollars,  and  over,  the  sum  of 
fifteen  dollars.  (As  atnended  /,.  1892.  Ch. 
701). 

•So  in  session  laws. 


C'nv  OF   Rocnt-STKk  29:-! 

Old  Charter 


lo.  And  if  on  such  trial,  the  tlefendant 
prevails,  he  shall  be  entitled  to  have  judgment 
against  plaintiff  for  the  amount  of  the  fees  and 
disbursements  allowed  the  defendant  by  law, 
and  also  additional  costs  as  follows  :  (As 
trmt'/it/ti/  /..  1892,  C/i.  701). 

I  I .  When  the  plaintiff  shall  have  demand- 
ed in  his  complaint,  or  sought  to  obtain  upon 
the  trial,  judgment  against  the  defendant  for 
any  amount  under  two  hundred  dollars,  the  sum 
of  five  dollars,  and  when  two  hundred  dollars, 
and  less  than  four  hundred  dollars,  the 
sum  of  seven  dollars  ;  and  when  four  hundred 
dollars,  and  less  than  seven  hundred  dollars, 
ten  dollars :  and  when  over  seven  hundred 
dollars,  fifteen  dollars.  (As  ametuhd  I..  1892, 
Ch.  701). 

12.  For  the  actual  trial  of  an  issue  of 
fact,  joined  in  a  summary  proceeding,  the  sum 
of  five  dollars.  Hut  neither  of  the  trial  fees 
above  mentioned  shall  be  allowed  to  the  pre- 
vailing i)arty,  unless  he  appears  by  attorney,  or 
by  the  clerk  of  any  attorney :  and  the  said 
judges,  or  either  of  them,  may  direct  that  the 
pleadings  on  the  joinder  of  any  issue  shall  be 
in  writing,  and  tiled,  and.  when  a  judgment  of 
n(»nsuit,  or  no  cause  of  action,  is  rendered  on 
such  trial,  the  defendant  shall  be  entitled  lo 
have  judgment  entered  against  the  plaintiff  for 
the  amount  of  the  fees,  costs  and  disburse- 
ments allowed  the  defendant  by  law ,  and,  also, 
the  additional  costs  provided  for  in  this  act. 
{As  ijmftultui  I..  1 89 2.  Ch.  701  ). 

13.  In  all  actions  and  proceedings  within 
the  jurisdiction  of  a  justice's  court  of  the  cities 
and  towns  of  this  stale,  the  said  city  may 
charge  and  colled,  and  there  shall  be  paid 
into  said  court,  the  same  fees  and  costs  as  pro- 
vided by  law  for  justices'  courts,  as  provided 
in  and  by  this  act,  except  as  herein  otherwise 
provided,  and  in  addition  thereto,  said  clerk, 
or  deputv  clerk,  shall   be  entitled   to  demand. 


l!ft4  Char  IKK    Law  oi     ihk 

Old  Charter 


and  there  shall  be  paid  into  said  court,  for  the 
use  and  benefit  of  the  city,  the  following  fees 
and  costs  :  For  the  actual  trial  of  an  issue  of 
fact,  when  the  amount  demanded  by  either  of 
the  parties  in  their  respective  pleadings,  is 
over  one  hundred  dollars,  to  be  paid  by  the 
party  or  parties  demanding  the  same,  twenty- 
five  cents  for  each  additional  hundred,  or  part 
thereof,  so  in  excess  of  one  hundred  dollars. 
(As  amended  L.  1892,  Ch.  701  ). 

14.  And  for  entry  of  judgment  by  de- 
fault; for  any  sum  less  than  one  hundred 
dollars,  the  same  fees  as  are  now  required  by 
law  in  justices'  court,  and  the  sum  of  twent\- 
five  cents  for  each  additional  hundred  dollars, 
or  part  of  a  hundred  dollars.  {As  amended 
L.  1892,  Ch.  701  ). 

$251.  Issuing  criminal  warrants; 
power  over  constables  ;  contempt — Either 
of  said  judges  may  issue  a  criminal  warrant 
upon  due  complaint  for  the  arrest  of  any  per- 
son charged  with  crime  committed  within  the 
county  of  Monroe,  but  such  warrant  must  be 
signed  by  the  judge  hearing  the  complaint,  and 
made  returnable  before  the  justice  of  the  police 
court  of  said  city.  Said  judges,  or  either  of 
them,  may  command  the  services  of  any  con- 
stable of  said  city  to  enforce  the  authority  of 
said  court  and  to  maintain  the  peace  ;  and 
they,  or  either  of  them,  shall  have  power  to 
punish  for  contempt  to  the  same  extent  as 
justices  of  justices' courts.     (Z.  1880,  Ch.  14). 

§   252.      Clerk     and     stenographers — 

The  said  court  may  have  a  clerk  to  be  ap- 
pointed by  said  judges,  said  appointment  to  be 
in  writing  and  filed  with  the  clerk  of  Monroe 
county.  He  shall  take  the  usual  oath  of  office, 
and  file  the  same  in  said  clerk's  office,  and 
shall  hold  said  oflice  during  the  pleasure  of 
said  judges,  and  shall  give  bail  for  the  faithful 
performance  of  his  dutv  in  such  form,  and  for 


City  ok    Rot  iikstkr  -'♦• 

Old  Charter 

such  sum  and  with  such  sureties,  as  shall  be 
approved  by  said   judges,  and    file  the    same 
with  the  treasurer  of  said  city.      It  shall  be  the 
duty  of  said  clerk  to  keep  the  docket  of  said 
court,  of  all  proceedings  in  any  action  or  pro- 
ceeding brought  in  said  court,  and  to  enter  in 
said  docket   the   judgments    and    decisions  of 
said  court.      And  said  docket  shall  be  evidence 
in  the  courts  of  this  state  to  the  same  extent  as 
the  docket  of  a  justice  of  the  peace.     It  shall 
also  be  the  duty  of  said  clerk,  and  the  deputy 
or  deputies  hereinafter   mentioned,  to   keep  a 
record  and  account  of  all  moneys  paid  into  said 
court,  or  received  by  said  clerk  or  deputy  clerk. 
The   said    clerk,    being    the    custodian    of  the 
moneys  coming  into  said   court,  to  whom   the 
deputies  hereinafter  mentioned  shall  report  and 
account    for    the    moneys    coming    into    their 
hands  as  deputy  clerks  or  clerks  oi  said  court. 
The  said  judges  may  appoint,  and  at  pleasure 
remove,  one,  and  if  said  judges  shall  deem   it 
necessary,  two   stenographers   for   said  court, 
each  of  whom  shall  be  a  deputy  clerk  of  said 
court.     The  said  judges  shall  file  a  certificate 
of   the   app')intment    or  removal,  so  made  by 
them,    in    the   ottice  of   the   clerk    of    .Monroe 
county.      Hefore   executing    the    duties  of  this 
office,  each    stenographer,   so   appointed,  shall 
take  and  subscribe  the  con.stitutional  oath  of 
office,  and  file  the  same  with  the  clerk  of   said 
county,  and  shall  give  bail  for  the  faithful  per- 
formance  of    his   duly,  in    such   form,  and  for 
such  sum,  and  with  such  sureties,  as  the  judges 
of  said  court  shall  approve,  and   file  the   same 
with  the  treasurer  of  said  city.      It  shall  be  the 
duty  of  such  stenographer  to  take  stenographic 
minutes   of   the  testimony  and    other  proceed- 
ings in  all  cases  tried  before  the  court,  except 
when    the   judge   sitting   at   the   trial  shall  dis- 
pense with  his  services.      He   shall   transcribe 
fully  and   at   length   the  minutes  of  each  case, 
so  taken  by  iiim,  in  written  or  printed  charac- 
ters, when  so  directed  by  the  court  and  file  the 
same  with  the  clerk,  wh"  ^UaU  c  uis,-  the  s.ime 


•JiMi  Cmarikk    Law  ok    ihk 

Old   Charter 

Clerk  and  stenographers  of  municipal  court — continued 
to  be  preserved  with  the  other  papers  in  the 
case.  The  said  stenographer  shall  preserve 
the  original  minutes  taken  by  him,  which  shall 
be  tiled  in  the  office  of  the  clerk  of  said  court. 
He  shall  deliver  to  his  successor  in  office  all 
the  minutes  taken  by  him  which  shall  not  have 
been  filed  with  said  clerk,  and  shall  act.  in  all 
matters  connected  with  his  office,  in  accordance 
with  the  discretion  of  the  judges,  and  he  shall, 
after  he  shall  have  filed  his  minutes,  furnish  to 
any  one  applying  therefor,  a  transcript  of  said 
minutes,  for  which  a  charge  shall  be  made  of 
three  cents  for  each  folio  of  one  hundred  words 
contained  in  said  transcript,  to  be  paid  into 
said  court  for  the  benefit  of  said  city.  It  shall 
also  be  the  duty  of  the  stenographer,  or  clerk 
or  deputy,  to  make  and  file  in  the  Monroe 
county  clerk's  office  all  returns  on  appeal  in 
cases  in  which  the  minutes  of  testimony  are 
taken  by  said  stenographer,  such  return  to  be 
made  in  type  or  ordinary  writing,  and  certified 
by  the  judge  who  tried  the  cause.  It  shall 
also  be  the  duty  of  such  stenographer  or 
.stenographers  to  act  as  deputy  clerks  in  the 
absence  or  inability  of  said  clerk  or  when  the 
exigencies  of  the  business  of  such  court  re- 
quires, or  upon  the  request  of  either  of  the 
judges  of  said  court,  and.  when  acting  as  such 
deputy  clerk,  he  shall  be  clothed  with  the  same 
powers  as  provided  in  and  by  this  act  for  the 
clerk  of  said  court  and  to  perform  such  other 
duties  pertaining  to  the  business  of  said  court 
as  said  judges  may  require.  It  shall  also  be 
the  duty  of  said  clerk,  in  the  ab.sence  of  both 
judges,  to  call  all  cases  at  the  return  day  and 
hour  and  note  appearances  and  defaults,  with 
the  same  force  and  efi'ect  as  if  done  by  said 
judges  or  either  of  them,  and  in  the  absence 
of  both  judges  to  adjourn  any  action  or  pro- 
ceeding for  a  period  of  not  more  than  five 
days.  Said  judges,  clerk,  deputy  clerk  and 
stenographers,  shall  have  power  to  administer 


City  ok   Rocukstkr  '^97 

Old  Charter 


oaths  and  lake  acknowledgements  the  same  as 
justices  of  the  j^eace  of  towns,  {^s  nineiuifii 
L.  1903,  Ch.  297). 

S  253.  Fees  prepaid  ;  monthly  return 
of  'moneys  by  clerk  to  treasurer  In  all 
actions  and  proceedings  brought  in  said  court, 
the  said  clerk,  or  deputy  clerk  shall  demand 
and  receive  prepayment  of  all  such  fees  for 
process,  making  out  and  filing  bunds,  under- 
takings. atrKla\  its.  together  with  such  fees  for 
trial,  judgment  and  other  fees  as  are  allowed 
by  law  in  justices'  courts  :  also  fees  for  jurors, 
when  a  jury  trial  is  demanckd  from  the  party 
demanding.  And.  in  addition  thereto,  such 
other  costs,  fees  and  disbursements  as  are 
allowed  by  this  act.  And  said  clerk  or  deputy 
clerk  shall  keep  an  accurate  minute  in  such 
case  or  proceeding  upon  the  docket  of  said 
court,  and  a  daily  itemi/cd  account  of  the 
same.  and.  at  the  end  of  each  month,  shall 
deposit  the  amount  thereof  with  the  treasurer 
of  said  city.  The  statement  thereof  to  be 
verified  by  said  clerk,  or  in  his  absence  or 
inability  to  act,  by  said  deputy  clerk,  to  be  a 
true  and  correct  account,  and  that  the  same 
embraces  all  the  moneys  paid  into  said  court 
(luring  the  period  covered  by  said  stalemenl. 
(As  itmrnifii/  / .   iSf)2.  i'/i.  701  ). 

?!  -'5  1.  Salary  ot  judges,  clerk  and 
stenojjraphers-  Said  judges  shall  each  be 
paid,  in  monthly  payments,  an  annual  salar)' 
of  not  less  than  three  thousand  dollars  nor 
more  than  three  thousand  live  hundred  dollars, 
to  be  fixed  by  the  board  of  estimate  and  ap- 
portionment, immediately  after  this  act  Uikes 
effect,  and  shall  receive  to  their  use  no  fees  or 
other  compensation  for  their  services  as  judges 
of  said  court ;  said  clerk  shall  be  paid,  in 
monthly  payments,  an  annual  salary  of  not  less 
than  twelve  hundred  dollars  nor  more  than 
eighteen  hundred  dollars,  and  said  stenogra- 
phers or  deputy  clerks  shall  each    be  paid,  in 


298  Chakikk   Law  ok    ihk 

old  Charter 


monthly  payments,  an  annual  salary  of  not  less 
than  ei^^ht  hundred  dollars  nor  more  than 
twelve  hundred  dollars :  said  salaries  to  be 
fixed  by  said  board  of  estimate  and  apportion- 
ment. The  salaries  of  said  judges  shall  not 
thereafter  be  increased  or  diminished  during 
the  period  for  which  they  have,  or  either  of 
them,  has  been  elected  or  appointed.  (As 
amended^  L.  1903.  67/.  297). 

i;  255.  Common  council  to  provide 
rooms,  stationery,  etc. — The  common  coun- 
cil shall  designate  the  place  for  the  holding  of 
.said  court,  and  provide  suitable  rooms  and 
furniture,  and  necessary  blank  books,  blanks 
and  stationery,  for  the  use  of  said  court,  and 
shall  provide  for  the  payment  of  the  said 
salaries  of  the  said  judges  and  the  said  clerk 
and  de])uty  clerk.     (/..  1880.  Ch.  14). 

>;   256.     Justice  of    peace    abolished — 

No  person  shall  hereafter  be  elected  to  the 
office  of  justice  of  the  peace  in  the  said  city  of 
Rochester.     (Z.  1880,  Ch.  14).    . 

^  2z^1.  Judjiment  rendered  within 
ten  days  ;  openinj;  defaults  by  municipal 
court  or  county  court ;  appeal  from  such 
orders-  In  every  case  in  whith.  1)_\-  law,  a 
justice  of  the  peace  is  required  to  render  judg- 
ment and  enter  the  same  in  his  docket  within 
four  days,  the  municipal  court  or  a  judge 
thereof  is  required  to  render  judgment,  and  it 
must  be  entered  by  the  clerk,  in  the  docket  of 
said  court,  within  ten  days  after  the  cause  shall 
have  been  submitted  for  final  decision,  any- 
thing herein  to  the  contrary  notwithstanding. 
Except  as  is  herein  otherwise  provided,  the 
said  municipal  court  shall  have  the  power  to 
open  defaults  and  set  aside  judgments  ren- 
dered and  entered  therein,  and  executions 
issued  thereon,  upon  such  terms  as  may  be 
just,  in  a  case  where  the  defendant  shall  fail  to 
appear  on  the  return  day  of  process  or  on  any 


City  ok   Rochjstkr  299 

Old  (Jliarter 


acljf)urnecl  clay,  where  it  is  shf)\vn  that  manitest 
injustice  has  been  clone  and  the  defendant 
satisfactorily  excuses  his  default  ;  but  no 
greater  terms  shall  be  imposed  than  the  pay- 
ment of  the  costs  included  in  the  judgment 
and  the  sum  of  seven  dollars  for  opposin<^  the 
motion.  The  application  therefor  shall  be 
founded  upon  affidavits,  and  shall  be  made 
within  twenty  days  from  the  entry  of  such 
judgment,  but  the  court  may  hear  evidence 
concerning  the  matters  speciried  in  the  affida- 
vits upon  the  hearing  of  the  motion.  I'pon 
presentation  of  such  application,  the  said 
municipal  court  shall  issue  an  order,  under 
the  hand  of  one  of  the  judges  or  said  clerk, 
returnable  in  not  less  than  five,  nor  more  than 
eight  days.  rec]uiring  the  plaintiff  to  show 
cause,  if  any,  why  said  judgment  should  not 
be  set  aside.  A  copy  of  said  order,  and  of  the 
papers  upon  which  the  same  is  granted,  shall 
be  .served  upon  the  plaintitf,  or  his  attorney,  if 
he  be  an  attorney  of  the  supreme  court,  if  one 
shall  have  appeared  in  the  action  not  less  than 
three  clays  prior  to  the  return  thereof ;  the 
service  upon  the  plaintiff  to  be  made  in  one  of 
the  modes  prescribed  for  the  service  of  notices 
of  appeal  from  justices'  judgments  to  the 
county  court,  and  upon  such  attornev  to  be  in 
one  of  the  modes  j^rescribed  for  the  service  of 
papers  in  an  action  upon  attorneys  bv  the 
code  of  (  ivil  procedure.  Pending  such  ap- 
plication and  the  determination  thereof,  the 
said  municipal  court  may  stav  proceedings 
under  any  executit)n  which  shall  have  been 
issued.  When  a  judgment  shall  be  set  aside, 
the  action  shall  proceed  as  though  no  judg- 
ment had  l)een  rendered.  In  such  a  case 
where  an  execution  has  been  issued  and  a  levy 
made  thereunder,  the  same  mav,  in  the  dis- 
cretion of  the  court,  be  allowed  to  stand  as  a 
security  for  the  satisfaction  of  any  judgment 
the  plaintiff  may  finallv  recover.  Where  a 
transcript  of  a  judgment  of  said  municipal 
court  shall  Ii;ne  been  hied  in  a   case   provided 


300  Chartkr   Law  of  the 

Old   Charter 


Judgments,  etc.,  of  municipal  court — Continued 

for  in  this  act,  the  county  court  of  Monroe 
county  shall  have  power  and  authority  to  open 
the  default  and  set  aside  such  judgment  in  the 
case  above  provided  and  all  proceedings 
thereon,  and  to  order  a  new  trial  in  said  mu- 
nicipal court,  upon  such  terms  as  may  be  just. 
The  practice  in  said  county  court  upon  such 
application  shall  be  the  same  as  is  herein  pro- 
vided for  like  proceedings  in  said  municipal 
court,  except  as  is  herein  otherwise  provided. 
The  county  judge  or  special  county  judge  of 
Monroe  county  may,  at  chambers,  issue  the 
order  to  show  cause  returnable  at  a  term  of 
said  county  court,  and  such  application  may 
be  heard  and  determined  at  said  term.  Upon 
application  to  the  said  county  court,  the 
defendant  must  show  that,  prior  to  the  filing 
of  such  transcript,  no  application  was  made  to 
the  municipal  court  for  like  relief.  The  county 
court  of  Monroe  county,  or  the  county  judge 
or  special  county  judge,  may  stay  proceedings 
under  any  execution  issued  upon  said  judg- 
ment pending  such  application.  The  judg- 
ment, and  any  execution  and  levy  thereunder, 
may  be  allowed  to  stand  as  a  security  for  the 
satisfaction  of  any  judgment  the  plaintiff  may 
finally  recover,  in  case  a  new  trial  shall  be 
ordered  in  said  municipal  court.  This  section, 
as  amended,  shall  apply  to  any  judgment 
heretofore  or  hereafter  rendered  in  said  mu- 
nicipal court.  A  fee  of  two  dollars  shall  be 
collected  by  the  clerk  of  said  court  from  the 
person  bringing  to  a  hearing  any  such  motion 
for  the  hearing  thereof  by  the  court,  which 
shall  be  added  to  the  costs  of  the  party  paying 
the  same,  if  he  be  entitled  to  costs.  Appeals 
may  be  taken  to  the  county  court  of  Monroe 
county,  and  thence  to  the  supreme  court,  from 
orders  made  by  the  municipal  court  as  afore- 
said, the  same  as  is  now  provided  in  cases  of 
appeals  upon  the  law  from  judgments  of  said 
municipal  court.  (As  amciidcd  L.  1890,  67/. 
561). 


City  of  Rochester  301 

Old  Charter 


§  2::;8.  Suits  upon  ordinances;  in- 
habitants or  tax  payers  as  jurors, 
etc.,  in  city  cases  —  Suits  brought  to 
recover  any  penalty  or  forfeiture  for  the 
violation  of  any  ordinance  of  the  common 
council  of  the  said  city,  shall  be  brought  in  the 
name  of  the  cit)'  of  Rochester,  and  shall  be 
prosecuted  under  the  direction  of  the  city  at- 
torney, or  such  person  as  may  be  deputed  by 
him  or  by  the  police  justice,  or  such  officer  as 
the  connnon  council  may  direct,  and  may  in  all 
cases  be  commenced  by  warrant,  returnable 
forthwith  without  an  affidavit,  showing  cause 
therefor,  or  without  the  giving  of  security ;  no 
person  being  an  inhabitant  or  tax  payer  of 
said  city  shall  be  disqualified  for  that  cause 
from  acting  as  a  judge,  justice  or  juror  in  any 
suit  brought  by  or  against  said  cit}'  in  any 
court,  nor  from  serving  any  process,  or  sum- 
moning a  jur}^  in  any  suit,  proceeding  or  in- 
vestigation, to  which  the  city  is  a  party.  Nor 
shall  any  judge  or  justice  of  a  court  of  sessions 
or  other  court  be  disqualified  to  hear  and 
adjudicate  on  an  appeal  in  a  case  of  bastardy 
or  other  matter  originating  in  said  city  because 
he  is  an  inhabitant  oi  tax  payer  thereof.  (/. 
1880,  Ch.  14). 

Inhabitants  not  disqualified— White  Charter. 

§   460,  this   Ixick,   ]).   ^ic>. 

Jurisdiction  In  suits  on  ordinances— old 
Charter,  ij  2(>5.  thi>  Ixx.k.  p.  jj; ;  penalties  may 
be  Imposed  by  common  council  — White  Charter. 

};    23,   this   1.0., k,  J).  35. 

§  ly).  No  security  required  by  city 
on  adjournments  or  appeals  In  an  action, 
suit  or  proceeding  l^nnighl  or  instituted  by  or 
against  the  city,  or  executive  board,  or  any 
officer  of  said  city  in  any  court  or  before  any 
judge  or  justice,  adjournments  may  be  had, 
and  appeals  taken,  in  the  same  manner  and 
with  the  same  effect  as  if  said  city,  board  or 
officer  were  a  natural  person,  except  that  no 
bond,  undertaking:  or  securitv  shall   be  neces- 


802  Char  IKK   Law  ok  thk 

Old  Charter 


sary  to  be  executed  by  or  on  behalf  of  the  said 
city,  board  or  officer.  And  when  any  appeal 
is  taken  by  said  city,  board  or  officer  from  any 
judgment  or  order,  the  same  shall  operate  and 
create  a  stay  of  all  proceedings  under  the 
judgment  or  order  appealed  from,  as  though 
an  order  creating  such  stay  had  been  granted  by 
a  court  or  judge.  This  section,  as  amended, 
applies  to  any  appeal  taken,  or  action,  suit  or 
proceeding  brought  or  instituted  at  any  time 
heretofore  and  undetermined  when  this  act 
takes  effect.      (As  amended  L.  1890,  Ch.  561). 

§   284.     Costs  double  for  defendant  in 
suits  against  officers  under  this  act — If 

a  suit  shall  be  commenced  against  any  person 
elected  or  appointed  under  this  act  to  any 
office,  for  any  act  done,  or  omitted  to  be  done, 
under  such  election  or  appointment;  or  against 
any  person  for  having  done  any  thing  or  act 
by  the  command  of  any  such  officer;  and  if 
final  judgment  shall  be  rendered  in  such  suit, 
whereby  any  such  defendant  shall  be  entitled 
to  costs,  he  shall  recover  double  costs  in  the 
manner  defined  by  law.     (Z.  1880,  Ch.  14). 


City  ok   Rochestkr  o(»:; 

White   Charter 


ARTICLE  XIV 

DKl'ARTMKXr  OF   LAW 

NoiK — Articles  XI-XIII,  inclusive,  omitted  in  White  Charter  as  first 
enacted. 

§  413.  Corporation  counsel  and  assistants — Ihere  shall  be 
a  corporation  counsel  appointed  by  the  mayor,  who  shall  hold  his 
office  during  the  pleasure  of  the  mayor  appointing  him.  and  he  shall 
be  the  head  of  the  department  of  law.  He  shall,  by  a  certificate  in 
writing,  to  be  hied  with  the  city  clerk,  appoint  an  assistant,  a  clerk 
and  such  other  subordinates  as  the  board  of  estimate  and  apportion- 
ment may  prescribe,  who  shall  hold  their  respective  offices  during  his 
pleasure,  and  they  shall  discharge  such  duties  appertaining  tt)  their 
offices  as  he  ma\-  direct.      (/..  iSrjS,  Cli.  1S2). 

Powers  of  deputies — Public  otilicers  Law,  §  i»;  Oath  of  office,  //.  §  lo; 
l-ailure  to  take  oath  of  <Hice,  Penal  Code,  §§  4-.  4.);  Kffect  on  official  acts 

of  failure  to  take  oath,  i'ubliv;  Officers  I.aw.  §  15. 

§  414.     Salaries  of  corporation  counsel   and   assistants — 

The  salaries  of  the  corporation  coimsel.  his  assistant,  clerk  and  other 
sul)ordinates  shall  be  fixed  by  the  board  of  estimate  and  apportion- 
ment and  they  shall  receive  no  fees  or  other  compensation  of  any  kind 
whatever,  except  that  the  corporation  counsel  may  receive  to  his  own 
use  the  costs  of  suits,  as  hereinafter  provided.  Hut  all  costs,  allow- 
ances and  disbiMsements  in  proceedings  for  the  opening  of  streets, 
and  the  acquirement  of  land  by  condemnation  proceedings,  shall  be 
(ollected  and  paid  ovrr  to  the  ritv  treasurer.      (  /,.  iSqiS,  Ch.  182V 

Costs  belonging  to   corporation    counsel — See  White  Charter.  §  4  iS. 

this  lK)ok.  p.  304. 


304  Charter  Law  of  the 

White  Charter 


§  415.  Bond  of  corporation  counsel — The  corporation  coun- 
sel shall  execute  a  bond  to  the  city,  in  the  penalty  of  five  thousand 
dollars,  which,  as  to  its  form,  penalty  and  sureties,  shall  be  approved 
by  the  mayor.      (Z.  1898,  Ch.  182). 

Official  bonds  generally— Public  Officers  Law,  §§  11-13  ;  Acting  with= 
out  filing  bond — Penal  Code.  §§  42,  43,  and  Public  Officers  Law,  §  15;  Guar- 
antors and  sureties — L.  1881,  Ch.  486;  L.  1893,  Ch.  720,  as  amended 
L.  1895,  Ch.  178. 

§  416.     Powers    and    duties    of    corporation    counsel — He 

shall  be  and  act  as  the  legal  adviser  of  the  common  council  and  of 
the  several  officers,  boards  and  departments  of  the  city,  and  he  shall 
appear  for  and  protect  the  rights  and  interests  of  the  city  in  all 
actions,  suits  and  proceedings  brought  by  and  against  it  or  any  city 
officer,  board  or  department ;  and  such  officers,  boards  or  depart- 
ments shall  not  employ  other  counsel.     (Z.  1898,  Ch.  182). 

§  417.  Approval  of  contracts — No  written  contract  providing 
for  the  payment  of  two  hundred  dollars  or  more,  entered  into  by  the 
city  or  any  of  its  officers,  boards  or  departments  shall  be  acted  under 
until  there  shall  be  endorsed  thereon  by  the  corporation  counsel  or 
his  assistant,  a  certificate  to  the  effect  that  the  city  officer,  board  or 
department  which  has  executed  the  same  on  behalf  of  the  city,  had 
authority  and  power  to  make  such  contract,  and  that  such  contract  is 
in  proper  form  and  properly  executed  ;  and  he  shall  attend  to  all 
the  law  business  of  the  city,  and  discharge  such  other  duties  as  may 
be  prescribed  in  the  ordinances  of  the  common  council.  (Z.  1898, 
Ch.  182). 

§  418.     Costs  and  allowances   of  corporation  counsel — He 

shall  be  entitled  in  actions  and  proceedings  in  which  the  city  shall  be 
successful  to  receive  to  his  own  use  all  costs  and  allowances  which 
shall  be  collected  from  the  adverse  party  ;  but  he  shall  repay  to  the 
city  treasurer  all  amounts  disbursed   in   the   progress  of  such  actions 


City  of  Rochester  305 


White  Charter 


and  proceedings,  which  were  taxable  as  disbursements  therein,  and 
which  shall  have  been  paid  by  the  city  treasurer,  whenever  and  as 
soon  as  such  amounts  are  collected.     (Z.  1898,  Ch.  182). 

Costs  of  corporation  counsel  under  Old  Charter — L.  1880.  Ch.  14,  §  45, 
as  amended  L.  1S97,  Ch.  784.     Not  printed  in  this  book. 

Costs  in  actions  or  proceedings  relating  to  taxes — L.  1903,  Ch.  522. 
Printed  in  full,  this  book,/(v/.     See  Index. 

In  the  city  of  Rochester  all  costs  received  by  the  corporation 
counsel  are  turned  over  to  the  city,  in  consideration  for  which  his  annual  salary 
is  fi.xed  by  the  board  of  estimate  and  apportionment  at  five  thousand  dollars. 

§  419.     Money  collected  to  be  paid  to  treasurer;    inven= 

tory — He  shall  pay  over  at  once  to  the  city  treasurer  all  moneys 
collected  by  "him  for  or  on  behalf  of  the  city,  including  fines  and 
penalties;  and  he  shall  annually,  on  the  first  Tuesday  of  February,  file 
with  the  mayor  of  the  city  an  inventory  of  all  the  books  and  property 
belonging  to  the  cit)-  in  his  custody.     (Z.  1898,  Ch.  182). 

§  420.  Compromise  of  claims — He  shall,  whenever  he  con- 
siders that  the  best  interests  of  the  city  will  be  subserved  thereby, 
enter  into  an  agreement,  in  writing,  subject  to  the  written  approval  of 
the  board  of  estimate  and  apportionment,  to  compromise  and  settle 
any  claim  against  the  city,  which  agreement  shall  be  reported  to  the 
common  council  at  its  next  meeting,  and  be  and  constitute  a  valid 
obligation  against  the  city ;  and  the  amount  therein  provided  to  be 
paid  shall,  with  interest  thereon  at  six  per  centum  from  its  date,  be 
included  in  the  next  city  tax  budget,  and  when  raised  by  tax  be  paid 
to  the  claimant.  If,  however,  before  the  adoption  of  the  cit}'  tax 
budget  there  shall  be  received  by  the  city  treasurer  from  any  source, 
any  moneys  not  otherwise  appropriated,  the  amount  in  the  agreement 
provided  to  be  paid  shall  be  paid  out  of  such  moneys  so  received  so 
far  as  they  will  satisfy  the  same.     (Z.  1898,  Ch.  182). 

§  421.  Employment  of  counsel — The  corporation  counsel, 
with  the  written  consent  of  the  mayor,  may  employ  counsel  at  such 
compensation  as  may  be  agreed  upon  by  the  board  of  estimate  and 


306  Charter  Law  of  the 


White  Charter 


apportionment,  to  assist  him  in  the  argument  and  conduct  of  impor- 
tant cases  or  proceedings  in  which  the  city  is  interested  or  a  party. 
(Z.  1898,  Ch.  182). 

§  422.  Payment  of  judgments — The  amount  of  any  judg- 
ment recovered  against  the  city,  and  payable  by  it  remaining  unpaid, 
with  the  interest  due  thereon,  in  case  no  appeal  is  intended  to  be 
taken,  or  in  case  such  judgment  is  finally  affirmed  on  an  appeal  taken, 
shall  be  reported  by  the  corporation  counsel  immediately  after  the 
same  shall  have  become  payable  to  the  common  council  ;  and  such 
amount  shall  be  raised  in  the  next  levy  of  taxes  for  the  expenses  of 
the  city,  unless  execution  upon  such  judgment  shall  be  stayed. 
Such  judgments  shall  be  paid  out  of  the  first  moneys  paid  into  the 
city  treasury  on  account  of  such  levy,  in  the  order  of  their  recovery. 
Until  the  money  so  raised  shall  be  paid  into  the  treasury  and  pay- 
ment of  judgments  refused,  no  execution  shall  issue  against  the  city, 
unless  the  amount  of  such  judgments  shall  not  have  been  included  in 
the  tax  levy ;  provided,  nevertheless,  if  there  be  any  moneys  in  the 
treasury  to  the  credit  of  a  fund  derived  from  the  revenues,  of  the  city 
other  than  taxation  not  otherwise  appropriated  sufficient  to  satisfy 
such  judgments,  the  common  council  shall  direct  the  payment  there- 
from of  such  judgments  in  the  order  of  their  recovery.  (Z.  i8g8, 
Ch.  182). 

Note — §§  423-431,  inclusive,  omitted   in  Wliite  Charter  as  first  enacted. 


City  of  Rochester  307 


White  Charter 


ARTICLE   XV 

SUPERVISORS 

§  432.  Supervisors;  term;  powers  and  duties — There  shall 
be  elected  at  the  first  election  under  this  act.  and  at  the  city 
election  every  two  years  thereafter,  one  super\'isor  from  each  of  the 
wards  of  the  city  who  shall  have  been  a  resident  in  such  ward  for  at  least 
five  months  prior  to  such  election,  and  who  shall  hold  his  office  for 
two  years.  Such  supervisors  .shall  have  the  powers  and  be  under  the 
duties  of  supervisors  of  towns  under  general  laws  of  the  state  so  far 
as  they  are  consistent  with  the  provisions  of  this  act ;  and  such  laws, 
so  far  as  they  are  applicable,  shall  regulate  such  powers  and 
duties.     (Z.   1898,  Ch.  182). 

Note — §§  433-441,  inclusive,  omitted  in  White  Charter  as  first  enacted. 
Term  of  supervisor  also  fixed  at  two  years  by  General  City  Law,  §  2. 
Supervisors  representing  wards  are  declared  to  be  city  officers — 
Old   Charter,   §   6,   this   book,   p.    3::<i;  f-illing  vacancies    in    office  of    city 
supervisor — White    Charter,   5j    41),    this  book,   p.  64;    Old   Charter.    §   24,  this 
book,  p.   T,},z ;    of  town  supervisor— Town  Law,  §  65. 

• 
Old  Charter 

§  52.     Powers    and   compensation    of 

supervisors — I'he  supervisors  elected  as 
hereinbefore  provided  shall  have  and  exerci.se  all 
the  powers,  authority  and  functions  of  supervi- 
sors of  towns,  except  as  herein  otherwise  pro- 
vided, and  shall  be  members  of  the  board  of 
supervisors  of  the  county  of  Monroe,  and  shall 
be  entitled  to  the  same  compensation,  to  be 
paid  in  the  same  manner.     (Z.  1880,  Ch.  14). 


308  Chaktkk   Law  ok  thk 

White   ("hartt^r 


ARTICLE   XVI 

SEALER    OF    WEIGHTS    AND    MEASURES 

§  442.     Sealer  of  weights  and   measures;    term;   salary; 

powers  and  duties — I'here  shall  be  a  sealer  of  weights  and 
measures  appointed  by  the.  mayor  within  ten  days  after  the  begin- 
ning of  every  mayoralty  term.  He  shall  hold  office  for  two  years, 
unless  sooner  removed  by  the  mayor,  and  he  shall,  within  the  city, 
have  the  powers  and  perform  the  duties  of  town  sealers  of  weights 
and  measures  under  the  general  laws  of  the  state,  and  shall  super- 
vise the  weighing  of  coal  and  perform  such  other  duties  as  may  be 
prescribed  by  the  ordinances  of  the  common  council.  His  salary 
shall  be  fixed  by  the  board  of  estimate  and  apportionment,  and  no 
fees  shall  be  charged  or  collected  by  him  or  by  the  city  for  his  serv- 
ices. If  the  board  of  estimate  and  apportionment  in  any  city  shall 
so  determine,  instead  of  a  sealer  of  weights  and  measures  being  ap- 
pointed by  the  mayor,  there  shall  be  appointed  by  the  commissioner 
of  public  works  as  a  subordinate  in  the  department  of  public  works, 
a  clerk  of  weights  and  measures,  who  shall  possess  the  powers  and 
perform  the  duties  of  sealer  of  weights  and  measures  as  hereinbe- 
fore prescribed,  and  in  addition  thereto,  shall  perform  such  other 
duties  in  the  department  of  public  works  as  the  commissioner 
thereof    shall    direct.     (As  amended  J. .  1902.  C//.  328). 

Note — In  the  city  of  Rochester  a  clerk  of  weights  and  measures  discharges 
the  duties  of  sealer,  under  appointment  of  the  commissioner  of  public  works,  as 
authorized  in  White  Charter,  §  442,  supra. 

An  act  to  define  the  size  of  small  fruit  packages — L.  1899, 
Ch.  509. 

Duties    of    sealer — Domestic   Commerce    Law,  §§    14-17. 
NoTK — §§  443-451,  inclusive,  omitted  in  White  Charter  as  first  enacted. 


i 


City  of  R()CHEST^:R  309 

White  Charter 


ARTICLE  XVII 

MISCELLANEOUS     PR()\  ISIOXS 

§  452.     City  officers  shall  not  receive  fees  outside  salary 

— No  officer  of  any  city  goveriinient.  except  corporation  counsel,  city 
marshal,  commissioners  of  deeds  and  city  officers  acting  as  commis- 
sioners of  deeds,  shall  have  or  receive  to  his  use  any  perquisites,  com- 
pensation or  fees  for  services  pertaining  directly  or  indirectly,  or 
which  may  hereafter  be  added  to  the  duties  of  his  office,  in  addition 
to  his  salary.  The  compensation  of  all  the  officers,  clerks  and  sub- 
ordinates in  the  several  departments  shall  not  exceed  in  the  aggregate 
the  appropriation  made  by  the  board  of  estimate  and  apjDortionment 
for  the  purpose.      ( /,.  1898.  Ch.  182). 

Taking  unlawful  fees  for  services  not  rendered  a  misde- 
meanor—  I'cnal   Code.  §ij  4l^  50. 

§  453.     Additional    allowances    shall    not    be    made — Xo 

additional  allowance,  beyond  the  legal  claim  which  exists  under  any 
contract  with  the  corporation,  or  for  any  services  on  its  account  nr  in 
its  employment,  shall  be  made.     (/..  1K98.  Ch.  182). 

§  454.  City  debtors  not  to  ha\e  contracts — No  bid  shall 
be  accepted  from,  or  contract  awarded  to  any  person  who  is  then  as 
principal  or  surety  in  default  to  the  city  u])on  debt,  contract  or 
obligation.     (/..  1898.  Ch.  182). 

§   455.     City    officers    shall    not    be    interested    in    public 

contracts — No  mc'ml)er  of  the  common  council,  or  other  tity  otiicer, 
shall  be  interested  directly  or  indirectly,  in  any  contract  in  which  the 
city  is  a  party,  either  as  principal  or  surety  in   such  contract ;  nor 


310  Charter  Law  of  the 

White  Charter 

shall  any  member  of  the  common  council,  city  officer,  or  salaried 
employee  thereof,  or  his  partner,  or  any  agent,  servant  or  employee 
of  such  member,  or  officer,  or  of  the  firm  of  which  he  is  a  partner, 
purchase  from  or  sell  to  the  city,  or  any  officer  thereof,  any  real  or 
personal  property  for  the  use  of  the  cit}',  or  any  board  or  officer 
thereof,  or  be  interested,  directly  or  indirectly,  in  any  work  to  be  per- 
formed for,  or  services  rendered  to  or  for  it,  or  in  any  sale  to  or  from 
said  city,  or  to  its  officers,  or  any  person  in  its  behalf ;  and  any  con- 
tract made  in  violation  of  any  of  these  provisions  shall  be  void.  No 
officer  or  employee  of  the  city  shall  be  eligible  to  or  hold  the  office  of 
inspector  of  elections,  poll-clerk  .or  ballot-clerk;  but  the  fact  that  a 
person  is  a  commissioner  of  deeds  shall  not  disqualify  him  from  hold- 
ing such  office.      (Z.  1898,  Ch.  182). 

City  officers  shall  not  be  interested  in  public  contracts— General 

City  Law,  §3;  a  misdenit;aiior.  Penal  Code.  §473;  such  contracts  void  as 
against  public  policy — Dillon's  Mvmicipal  Corporations,  §  444. 

See  Old  Charter,  §  39,  this  book,  p.  45,  and  notes  thereunder. 
See  also  Index  on  "  Misdemeanors." 

§  456.  Bonds  may  be  required  of  any  officer — In  addition 
to  the  officers  required  by  this  act  to  give  bonds,  the  common  council 
may  require  any  other  officer  or  person  who  is  or  may  be  appointed 
under  the  provisions  of  this  act  to  give  like  bonds  with  such  sureties 
as  it  may  approve,  and  conditioned  as  it  may  direct ;  and  it  may, 
whenever  it  may  be  proper,  require  additional  or  further  seciuity  of 
any  officer  or  person  after  the  giving  of  the  bond  first  required. 
(Z.  1898,  Ch.  182). 

See  Old  Charter,  §  40,  sul)div.  25,  this  book,  p.  53. 

Official  bonds  generally — Public  Officers  Law,  §§  11-13;  Failure  to  file, 
Penal  Code,  §§  42-43;  Public  Officers  Law,  §  15;  Guarantors  and  Sureties, 
L.  1 88 1,  Ch.  486;   L.  1893,  Ch.  720,  as  amended  L.  1895,  ^h.  178. 


City  of  Rochester  311 


White  Charter 


§  457.  Bonds  required  must  be  given — Except  as  otherwise 
provided  by  law  no  person  elected  or  appointed  to  any  ofifice  under  the 
provisions  of  this  act  shall  enter  upon  the  discharge  of  his  duties 
until  the  bond,  if  any,  required  to  be  given  by  him  shall  have  been 
approved.     (Z.  1898,  Cli.  182). 

See  note  as  to  ctilicial  bonds,  White  Charter,  §  456,  this  l)ool<,  p.  310. 

§  458.  Officials  cannot  hold  two  offices — No  person  shall, 
at  the  same  time,  hold  more  than  one  of  the  offices  created  or  author- 
ized by  this  act,  but  this  provision  does  not  apply  to  the  offices  of 
notary  public  and  commissioner  of  deeds.     (Z.  1898,  Ch.  182). 

Member  of  legislature  not  eligible  for  city  offfce  and  ( ity  otticers  not 
eligible  to  legislature — State  Constitution.  Art.  Ill,  §§  7  and  S. 

§  459.     Unauthorized  persons  cannot  contract  debts — No 

person  shall  have  power  to  make  any  purchase  or  contract  any  debt 
on  the  part  of  the  city,  unless  especially  authorized  by  the  provisions 
of  this  act.     (Z.  1898,  Ch.  182). 

Persons  dealing  with  agents  of  city  have  no  right  to  assume  that 
they  are  acting  within  the  line  of  their  duty  but  must  take  care  to  learn  the 
nature  and  e.xtent  of  their  authority — McDonald  vs.  Mayor,  6S  N.  \'.  23. 

§  460.     Taxpayer  not  disqualified  to  act  as  judge,  witness 

or  juror — Upon  the  trial  of  any  issue,  or  upon  the  taking  or  making  of 
any  inquisition,  appraisal  or  award,  or  upon  the  judicial  investigation  of 
any  facts  whatever,  to  which  issue,  inquest  or  investigation  the  city  is 
a  party,  or  in  which  the  city  may  in  any  way  be  interested,  no  person 
shall  be  deemed  an  incompetent  judge,  referee,  commissioner, 
witness  or  juror  by  rea.son  of  his  being  an  iniiabitant,  freeholder  or 
taxpayer  of  the  city.     (Z.  1898,  Ch.   182). 

See   Old   Charter,  §    25S,  this   book,  p.   301. 


312  Charter  Law  ok  the 


White  Charter 

§   461.     Actions  for  damages  to  person   or   property — No 

civil  action  shall  be  maintained  against  the  city  for  damages  or 
injuries  to  person  or  property  sustained  in  consequence  of  any  street, 
highway,  bridge,  culvert,  sidewalk  or  crosswalk  being  defective,  out  of 
repair,  unsafe,  dangerous  or  obstructed  unless  it  appear  that 
written  notice  of  the  defective,  unsafe,  dangerous  or  obstructed 
condition  of  such  street,  highway,  bridge,  culvert,  sidewalk  or 
crosswalk  was  actually  given  to  the  commissioner  of  public  works, 
and  that  there  was  a  failure  or  neglect  within  a  reason- 
able time  after  the  giving  of  such  notice  to  repair  or  re- 
move the  defect,  danger  or  obstruction  complained  of,  or,  in 
the  absence  of  such  notice,  unless  it  appears  that  such  defective, 
unsafe,  dangerous  or  obstructed  condition  existed  for  so  long  a  period 
that  the  same  should  have  been  discovered  and  remedied  in  the 
exercise  of  reasonable  care  and  diligence.  Hut  no  such  action  shall 
be  maintained  for  damages  or  injuries  to  the  person  sustained  in  con- 
sequence of  the  existence  of  snow  or  ice  upon  any  sidewalk,  cross- 
walk or  street,  unless  written  notice  thereof  relating  to  the  particular 
place,  was  actually  given  to  the  commissioner  of  public  works  and 
there  was  a  failure  or  neglect  to  cause  such  snow  or  ice  to  be  removed, 
or  the  place  otherwise  made  reasonably  safe  within  a  reasonable  time 
after  the  receipt  of  such  notice.  All  claims  against  the  city  for  dam- 
ages or  injuries  to  person  or  property  alleged  to  have  been  caused  by 
the  misfeasance  or  negligence  of  the  city,  or  any  of  its  officers  or 
employees,  shall  be  presented  to  the  common  council,  in  writing, 
within  three  months  after  the  happening  of  the  accident  or  injury  out 
of  which  tile  claims  arose.  .Such  writing  shall  describe  the  time 
when,  the  particular  place  where  and  the  circumstances  under  which 
the  damages  or  injuries  were  sustained  and  the  cause  thereof;  it 
shall  also  state,  so  far  as  is  then  practicable,  the  nature  and 
extent     of     the     damage      or     injuries ;     it    shall     also    state    the 


City  of  Rochester  313 

White  Charter 


place  of  residence  of  the  claimant  by  street  and  number, 
and.  if  there  be  no  street  or  number,  it  shall  contain  such  state- 
ment as  will  disclose  the  place  of  residence ;  and  all  such  claims  shall 
be  verified  by  the  oath  of  the  claimants.  'J'he  omission  to  present 
such  claim  within  three  months,  or  to  commence  an  action  thereon 
within  one  year,  shall  be  a  bar  to  any  claim  or  action  therefor  against 
the  city  ;  but  no  action  shall  be  brought  upon  any  such  claim  until 
three  months  have  elapsed  after  the  presentation  of  the  claim  to  the 
common  council.  Nothing  contained  in  this  section  shall  be  held  to 
repeal  or  modify  any  existing  requirement  or  statute  of  limitations 
which  is  applicable  to  this  class  of  actions,  but  on  the  contrary  shall 
be  held  to  be  an  additional  requirement  to  the  right  to  maintain  such 
action  ;  nor  shall  anything  herein  contained  be  held  to  modify  any 
existing  rule  of  law  relative  to  the  question  of  contributory  negligence, 
nor  to  impose  upon  the  city  any  greater  duty  or  obligation  than  that 
it  shall  keep  its  streets  and  public  places  in  a  reasonably  safe  con- 
dition for  public  use  and  travel.  The  place  of  trial  of  all  actions  or 
proceedings  against  the  city,  or  any  of  its  officers,  boards  or  depart- 
ments, shall  be  the  county  in  which  the  city  is  situated.  (.7.f  nmciuifii 
I..  1S99,  Ch.  5«i). 

Me.viorani>um   on    Actions   Involving  City  or  Ci  r\    Okkukrs 

Taxpayers'  actions  against  city  officers — Code  Civil  Pmc,  §§  1925- 
IV31.  See  also  L.  iSSi.Ch.  531.  as  amended  1..  1S.S7,  Ch.  673;  1,.  1892,  Ch.  301. 
and  numerous  cases  cited  thereon,  Cumming  and  (lilhert's  General  l.aws.  Vol.  II. 
p.  j.|S(>.     In  taxpayers'  actions  costs  should  not  be  awarded  a};ainst 

public  officers  unless  they  have  aittd  wilh  m()s>  ni>;lint.'iu  <•,  in  li.nl  t.iiih  .n 
with  nialici — ( )'C()nnor  vs.  Walsh  as  Mayor,  83  .\pp.  Div.  179.  Legal  expenses 
of  city  officers  when  successful  in  actions,  may  be  paid  by  tiie  city  1..  i.S(>i). 
Ch.  700.  Illegal  employment  by  the  city  of  any  person  may  be  restrained 
by  ta.\payers'  action — I'ei  k  vs.  Helknap,  130  N.  \'.  394. 

Service  of  summons  against  city — Code  Civil  Froc,  §  431. 
Presentation  of  false  claims  a  felony — Penal  Code,  §  672. 
False  audit  and  payment  of  claims  a  felony — Penal  Code,  §§  165.  166. 
NoTK — Memorandum  continued  on  next  page,  J14. 


314  Charter   Law  or  the 

Memorandum  on  Actions  Involving  City  or  City  Officers — Continued 

Presentation  of  claims  to  cliief  fiscal  officer  necessary  for  costs — 

Code  Civil  Troc.  §  3245.  This  section  applies  only  to  actions  on  contract  and 
not  to  actions  in  tort — Gage  vs.  Village  of  Ilornellsville,  106  X.  V.  667;  Hunt 
vs.  City  of  Oswego,  107  N.  V.  629. 

Costs  in  actions  brought  in  name  of  people  for  benefit  of  city — Code 
Civil  Troc.  §  3-4,v 

Cause  of  action  against  city  arising  from  derogation  of  grant  or 

covenant  not  barred  l>y  statute  (if  limilations — 1.,   Kyoi,  (_"li.  6y). 

Act  to  facilitate  the  collection  of  judgments  against  city  — L.  1880. 
Ch.  554. 

Accident  caused  by  presence  of  snow  and  ice  upon  a  street  is  not  suf 
ticient  to  make  city  liable  unless  in  addition  thereto  some  negligence  is  shown — 
Crawford  vs.  City  of  New  York,  68  App.  Div.  107. 

Where  city  has  assumed  the  duty  of  removing  ashes  and  other 
rubbish  which  accumulates  an  arbitrary  distinction  in  favor  of  .some  inhab- 
itaiU>  and  against  others,  will  not  be  tolerated.  But  where  the  force  is  insuffici- 
ent to  remove  everything,  ashes  may  be  removed  from  private  residences  and 
not  from  department  stores,  and  the  removal  of  trade  waste  is  not  mandatory  in 
any  event — People  e.\  rel.  Adams  Dry  Goods  Co.,  vs.  Woodbury,  as  Comr.,  etc., 
SS  App.  Div.  443. 

That  portion  of  the  labor  law  requiring  contractors  with  munici- 
palities to  pay  the  prevailing  rate  of  wages  held  to  be  unconstitu- 
tional—  I'cople  e.\  rel.  Rodgers  vs.  Coler.  166  N.  \'.  I.  This  law  also  iicld  un 
constitutional  so  far  as  it  requires  municipalities  to  pay  their  employees  the  pre- 
vailing rate  of  wages — Ryan  vs.  City  of  New  \'ork,  7S  App.  Div.  134,  affirmed  by 
Court  of  Appeals,  Jan.  29,  1904.  Contract  entered  into  by  city  held  not  to  be 
invalid  because  it  contains  provisions  of  the  labor  law  which  have  been  declared 
void  by  the  courts — Knowles  vs.  City  of  New  York,  176  N.  Y.  430. 

Public  officers  having  the  custody  of  public  moneys  are  insurers 

of  the  same  and  aic  liable  for  a  loss  thereof,  although  such  loss  occurred  witli 
out  fauh  or  negligence  on  their  part — Tillinghast  \s.  Merrill.  151   N.  ^'.  135. 

Person  acting  as  a  gratuitous  agent  of  the  public  is  not  liable  for  the 
negligence  of  a  person  employed  by  him — Donovan  vs.  McAlpin,  85  N.  \.  1S5. 

The  law  limiting  the  hours  of  labor  does  not  apply  to  members  of 
the  fire  department — i'eople  e.\  rel.  .Sweeney  vs.  Siurgis.  7S  .\pp.  Div.  460. 

The  doctrine  of  laches  should  not  be  so  strictly  applied  in  the  case  of  a 
municipal  corporation  as  in  the  case  of  an  individiral — Stemmler  vs.  Mayor,  45 
App.  Div.  573. 

Public  powers  or  trusts  devolved  by  law  upon  the  governing  body 

of  a  municipal  corporation,  to  be  e.xercised  liy  it  when,  and  in  such  manner 
as  it  shall  judge  best,  cannot  be  delegated  by  such  body  to  others — Hirdsall  vs. 
Clark,  73  N.  Y.  73. 


CiTV  OK   Rochester  315 

Memorandum  on  Actions  Involving  City  or  City  Olificers — Continued 

The  corporation  counsel  of  a  city  must  obey  a  resolution  of  the 

legislative   body  in   ituaid    to   the-  commencement   or  discontinuance  of  litiga 
tion — People  v>.    I.owhi.l.  7   Alil).    i'f.    I  v*^- 

Mandamus  proceeding  instituted  to  secure  reinstatement  abates 
upon  respondent  ceasing  to  be  a  public  otiticial — People  ex  rel.  Hatch  vs.  I^ntry, 
as  Comr.,  etc.,  SS  App.  Div.  5S;;. 

Police  justice  of  Rochester  has  jurisdiction  to  render  judgments 
in  non-support  proceedings  under  (Jld  Charter,  §  2O3  (this  book.  p.  27;;)— 
People  vs.  Steiiiholtz.  .Monroe  County  Court,  opinion  of  Sutherland.  J.,  filed 
Ian.  27.  11^04. 

Position  of  school  principal  not  within  classified  civil  service  and 
veterans  not  protected  against  summary  removal — In  re  Pierce  vs.  Hoard 
of  Kducation  of  Rocluster.  S.|  N.  ^.  Supp.  1  1 4  r  ;  aflimied,  Court  of  Appeals. 
Jan.  26,  ii>04. 

Public  moneys  to  denominational  schools — An  institution  incor 
porated  under  "  .\n  act  for  the  incoiporation  of  benevolent,  charitable,  scientific 
and  missionary  societies,"  (!..  184.S,  Ch.  319),  and  which  furnishes  to  oq)han  boys 
moral  and  religious  education  is  not  a  school  or  institution  of  learning  within  the 
meaning  of  state  constitution.  Art.  IX,  <!  4,  which  prohibits  the  payment  of  pub 
lie  moneys  to  any  denominational  school ;  under  Consolidated  School  I^w,  {>  32, 
(1..  1894,  Ch.  556)  the  board  of  education  may  employ  members  of  Catholic  sis- 
terhood to  teach  in  such  asylum — Sargent  vs.  Board  of  Kducation  of  the  City 
of  Rochester,  35  Misc.  321  ;  same  title,  76  .\pp.  Div.  58iS ;  affirmed  by  Court  of 
.■\|)peals.  January  2<),  \<)C.\. 

Liability  for  dangerous  areaway— Donnelly  vs.  City  of  Rochester.  42 

.\\i\').   I)iv.(^)24;    levers((l    \('(t  .\.   \' .  313. 

Judgment  against  city  in  the  absence  of  fraud  or  collusiun  hinds 
the  citizen.s   and   ta.xpayers — .\shton  vs.  City  of   Rochester.  133  N.  W  187. 

A  cause  of  action  accrues  the  instant  some  person  has  a  legal 
right  to  bring  the  action— Patteison  vs.  Patterson,  5<>  N.  ^■.  574;  Werner  vs. 
t'iiy  of  Rochester,  77  Ilun  33,  aftirmed  upon  other  ground,  I4()  N.  ^'.  5^>3 ;  Da- 
vidson vs.  Hudlong,  40  Ilun  245;   liarnes  vs.  City  of  Mrooklyn.  22  Ajip.  Div.  520. 

Recision  of  city  contracts ;  mistakes ;  evidence ;  meeting  of 
minds  Ml  ffft.  Ilodgkiiis  and  Clarke  Co.  \s.  <  ity  of  Rotlustei.  This  wa- a<  tion 
for  writ  of  injunction  restraining  the  city  from  declaring  the  complainants  in  default 
with  respect  to  a  proposal  matle  for  construction  of  a  new  water  supply  for  Roch- 
ester, and  also  declaring  c(im|)lainanis  ^yo.ooolwnd  forfeited,  and  from  attempting 
to  enforce  the  collection  of  said  bond.  Decree  granted  on  opinion  of  Coxe.  J.. 
C.  S.  Circuit  Court,  N.  D..  Aug.  iS,  1897  (82  Fed.  Rep.  255);  reversed,  I'.  S. 
Circuit  Court  of  Appeals  {^^  C.  C.  A.  319) ;  C.  C.  A.  reversed  and  C.  C.  aftirmed 
by  the  U.  S.  Supreme  C  -urt,  on  opinion  of  Mr.  Justice  MrKenn.T.  Mav  21.  looo 
(I7S  I'.  S.   Rep.  3731. 

City  bound  to  furnish  employee  a  reasonably  safe  place  to  work 

—  Wannamaker  vs.  City  of  Rochester.  44  St.  Rep.  45:  aftirmed    137  N.  V.  529. 


316  C'hartkk   Law  ok    thk 

Memorandum  on  Actions  Involving  City  or  City  Officers — Continued 

Power  of  city  to  compel  railroad  to  carry  street  over  Its  tracks — 

R.  &  II.  V.  K.  .K.  Co.  vs.  Citv    of    Koi  lu-stcr,    17    .\]ip.    Div.    z^j  :    modified    163 
N.  V.  60S. 

When  award   of  damages   for  diverting  water    not    excessive — 

Matter  of  City   of    Rochester.  57  Apj).  Div.  634.       Opinion    of    witness    aS    tO 

damages  occasioned  by  diversion  of  water — Matter  of  City  of  Rochester, 
40  Hun  5S,S. 

Liability  of  city  for  unsafe  bridges  owned  by  state — Schomer  vs. 
City  of  Rochester.  15  .\\>\).  X.  C  57. 

No  obligation  rests  upon  owners  of  lots  in  a  city  to  repair  a  street 
or  sidewalk  in  front  of  their  lots  in  the  absence  of  a  statutory  obligation  imposed 
by  the  state  or  the  municipality — City  of  Rochester  vs.  Campbell,  123  N.  Y.  405. 

Where  city  Is  held  liable  for  injury  caused  by  contractor  obstruct- 
ing street,  it  may  recover  tiie  dama^-s  from  ihe  contractor — City  of  Rochester  vs. 
Montgomerv.  72  X.  ^".  6^ 

Tenant  who  goes  Into  possession  of  premises  with  knowledge  of 
an  existing  nuisance  cannot  recover  damages  against  city — ^'oos  vs.  Roches- 
ter, 1)2  I  Inn  4S1  ;   attirnied  on  opinion  below,  159  N.  V.  541. 

When  recommendation  of  committee  of  common  council  to  award 

contract  afterwards  reconsidered,  no  further  action  on  the  i)ait  of  the  committee 
is  enforcihle  bv  mandamus — Rvan  \>.  .•Mdridye.  S;  Hun  271^. 

Municipal  ordinance  requiring  filling  in  of  quarry  limited  to  cases 
affecting  public  health — City  of  Rochester  \s.  Simjison,  37  Hun  36;  reversed 
134  N.Y.  414,  holding  that  under  §  276,  Old  Charter,  city  had  power  to  pass 

ordinances  recjuiring  e.\ca\ations  to  be  tilled  u])  anil  ihaincd. 

Ordinance  regulating  speed  of  horse  cars  not  repealed  by  i)assing 
ordinance  permitting  change  of  motive  power — Martineau  vs.  Roch.  Ry.  Co.,  81 
Hun  263. 

Power  of  city  to  regulate  bill  posting — City  of  Rochester  vs.  West,  164 
N.  V.  510. 

Singing  by  members  of  Salvation  Army  does    not  constitute  a 

nuisance    nor   \iolatt    an    ordinance  forl)idding    noise  in   streets — l'eo]ile  tx    rel. 
Cartmill  vs.  City  of  Rocluster,  44  Hun   166. 

Surgeon  of  the  police  department  not  a  public  officer  of  the  city — 

Cain    vs.    Warner,   45    App.    Div.   450 ;    police    telegraph    operator  not   a 
public    officer — Miller  vs.  Warner,  42  .\pi>.  Div.  20S. 

Question  of  trespass  by  city  is  for  jury  to  decide — Roth  vs.  City  of 

Rochester.  90  11  un  606. 

City  officers  and  employees  have  a  perfect  remedy  at  law  for 
salaries  —  I'eople  ex  rel.  Carnahan  vs.  Edgerton  et  al.  Opinion  filed  by  Nash,  J., 
Apr.  7,  1900,  not  reported.     See  other  cases  as  to  salaries  cited,  this  book,  p.  86. 

City  cannot  compel  telephone  wires  to  be  placed  in  conduits 
containing  wires  carrying  dangerous  currents— City  of  Rochester  vs.  Hell 
'i"ele|)hone  Co.,  52  .App.  l)i\.  6;  on  trial,  o|)inion  tiled  by  Hancock,  referee,  Apr. 
9,  1902.  Conduits  In  streets  do  not  constitute  an  additional  burden  upon 
abutting  owners — Castle  \s.  I^ell  Telephone  Co..  4()  .App.  Div.  4-57, 

Courts  are  unwilling  to  Investigate  reasons  for  granting  of 
franchise  by  common  council  on  charge  of  corrupt  motives— Harhite 
vs.  Home  Tele]ihone  Co..  50  App.  Div.  25.  As  to  granting  franchises 
under  White  Charter— See  §  19,  this  book,  p.  30. 


City  ok  Rochkstkr  317 

Old  Charier 


?;  2iS.  Dangerous  and  obstructed  side- 
walks and  streets — In  all  cases  it  shall  be 
the  duty  of  the  owner  of  every  lot  or  parcel  of 
land  in  said  city  to  keep  the  sidewalks  adjoin- 
ing his  lot  or  piece  of  land  in  said  city  in  good 
repair,  and  to  remove  and  clean  away  all  snow 
and  ice  and  other  obstruction  from  such  side- 
walk, 'liie  city  of  Rochester  shall  not  be  lia- 
ble for  any  injury  caused  by  such  sidewalk  or 
any  roadway  being  out  of  repair,  or  dangerous 
from  snow  or  ice,  or  unlawfully  obstructed, 
unless  actual  notice  of  the  unsafe  or  dangerous 
condition  thereof  has  been  given  to  the  city 
officers,  having  charge  of  the  highways,  a  rea- 
sonable time  before  the  happening  of  any  such 
injury.  Any  person  or  persons  who  shall  claim 
damages  against  said  city  for  injury  caused  by 
any  alleged  negligence  shall  not  be  allowed  to 
tax  costs  against  said  city  in  any  action  brought 
therefor,  unless  the  part}'  so  claiming  damages 
shall  have,  within  fifteen  days  after  the  happen- 
ing of  such  injuiy,  notified  the  mayor  or  corpo- 
ration counsel  in  writing,  of  the  time  and  loca- 
tion of  the  place  where  such  injury  occurred 
and  the  particulars  thereof.  The  executive 
board  shall  have  the  power  to  cause  to  be  re- 
paired any  sidewalk  where  the  owner  of  the 
property  shall  neglect  or  refuse  to  repair  the 
same  for  five  days  after  a  written  notice  so  to 
do  has  been  served  on  him,  either  personally 
or  by  leaving  the  same  at  his  residence  or  place 
of  business,  if  he  live  in  the  city  with  some 
person  of  suitable  age  and  discretion,  or,  if  the 
owner  be  a  non-resident,  by  posting  said  notice 
on  the  premises  in  front  of  which  such  repairs 
are  required  to  be  made,  and  by  mailing  a  copy 
of  the  same  to  his  post-office  address,  if  it  can  be 
ascertained  by  reasonable  diligence.  The  said 
executive  board  shall  also  have  power  to  cause 
to  be  cleaned  any  sidewalk  from  snow,  ice  or 
other  obstruction,  where  the  same  have  re- 
mained for  twelve  hours.  The  city  of  Rochester 
shall  have  a  cause  of  action  against  any  such 
owner,  to  collect  the  expense   of   any  work  or 


318  Chakikk   Law  ok  thk 

Old  Charter 


repairs,  as  aforesaid,  and  a  judgnicnt  in  such 
action  shall  be  a  lien  upon  the  real  estate  of  the 
person  or  persons  against  whom  the  same  may 
be  recovered.  A  bill  or  statement  of  the 
amount  of  such  expenses  shall  be  sent  by  mail 
to  such  owner,  if  his  address  be  known.  If 
such  expense  is  not  paid,  an  affidavit  of  the 
actual  cost  thereof  and  date  of  completion 
thereof,  and  the  property  in  front  of  which  the 
work  or  repairs  were  done,  shall  be  filed  with 
the  assessors  of  the  city  at  or  before  the  time 
of  making  the  general  city  tax  levy  by  the  com- 
mon council  hereinbefore  mentioned,  and  they 
shall  add  the  amount  thereof,  with  interest  at 
the  rate  of  fifteen  per  centum  per  annum,  from 
the  time  of  the  date  of  completion  of  such 
work,  to  the  amount  assessed  against  such  land 
for  the  next  general  city  tax,  and  the  whole 
amount  of  such  assessment  or  expense  shall  be 
collected  as  is  provided  in  reference  to  general 
city  taxes.  {Amended  L.  1881,  Ch.  343; 
L.  1890,  Ch.  561  ;  Z.  1897,  Ch.  784). 


§  462.     Annual    reports    of    heads    of  departments — The 

several  heads  of  departments  shall  present  to  the  mayor,  annually,  on 
or  before  the  first  Monday  of  November,  .a  report  of  their  proceedings 
during  the  preceding  year,  and  he  shall  transmit  the  same  to  the  com- 
mon council  with  any  recommendations  he  may  think  proper  to  make. 
But  nothing  in  this  section  contained  shall  be  so  construed  as  to  relieve 
such  heads  of  departments  from  furnishing  information  required  by  the 
mayor  at  any  other  time.     (Z.  1898,  Ch.  182). 

§  463.  Charges  and  trials  against  city  officers — Charges 
against  any  city  officer  may  be  of  disability  for  service,  in  which  case 
the  examination  shall  be  one  of  inquir}*,  and  the  decision  may  be  for 
honorable  discharge  from  service  ;  or  of  neglect,  or  violation  of  law  or 
duty,  inefficiency,  intemperance,  disobedience  of  orders,  or  unbecom- 


City  ok   Rochester  319 

White  Charter 


ing  official  or  personal  conduct,  in  which  case  the  examination  shall  be 
a  trial,  and  the  offender  may  be  punished  as  in  this  act  provided. 
(Z.  1898,  Ch.  182). 

§  464.  Witnesses  not  excused  from  testifying — No  wit- 
ness shall  be  excused  from  testifying  in  any  criminal  proceeding  or  in 
any  investigation  or  inquiry  before  the  common  council  or  any  com- 
mittee thereof,  or  before  any  officer  of  the  city  having  the  right  to  con- 
duct the  investigation,  touching  his  knowledge  of  any  offense  com- 
mitted against  the  provisions  of  this  act  or  any  of  the  ordinances  of 
the  city  ;  but  such  testimony  shall  not  be  used  against  him  in  any 
criminal   prosecution   whatever.     (/.  1898,  Ch.  182). 

Investigations  by  mayor,  common  council  or  committees— Old 
Charter,  §§   2S2-2S3,  this  book,  p.  fi<). 

§  465.     Proceedings    when    contractors    fail     on      public 

work — No  assessment  that  may  hereafter  be  levied  shall  be  void  or 
shall  be  vacated  by  any  court  because  of  a  failure  on  the  part  of  the 
contractor  to  comply  in  the  execution  of  the  work  with  all  the  require- 
ments of  law  or  the  contract  in  respect  thereto  ;  provided  that  if  any 
taxpayer  or  any  owner  of  property  liable  to  be  assessed  therefor  shall 
make  an  affidavit  during  the  progress  of  any  work  to  the  effect  that 
such  work  is  not  done  or  not  being  done  according  to  law  or  the  con- 
tract, specifying  in  what  respects  it  does  not  comply  therewith,  and 
shall  hie  such  affidavit  with  tlie  commissioner  of  public  works  and  de- 
liver a  copy  thereof  to  the  contractor,  his  agent  or  either  of  the  sure- 
ties on  his  bond,  and  shall,  within  twenty  days  after  the  confirmation 
of  the  assessment,  take  the  proceedings  mentioned  in  the  next  section, 
the  court  may  stay  the  payment  to  the  contractor  of  any  money  under 
his  contract  ;  and  if  it  sliall  appear  on  the  hearing  in  such  proceeding 
that  the  defects  stated  in  such  affidavit  exist,  the  court  shall  order  that 
the  amount  assessed  shall  not  be  paid  to  the  contractor  and  shall  not 
be  forced  by  the  city  until  such  work  shall  be  done  in  accordance  with 
law  and  tiie  contract  therefor,  and  no  interest  shall  be  charged  upon 


3211  Chartkr   Law  ok  tmk 

White   Charier 


the  assessment  during  the  time  liiat  the  payment  thereof  .shall  be 
stayed,  provided  that  the  court  shall  finally  decide  that  the  defects 
charged  existed  and  were  of  a  substantial  nature.  \\'henever  it  shall 
in  any  way  appear  to  the  court  that  manifest  injustice  or  damage  has 
been  done  to  the  city  or  any  person  or  property  assessed  by  reason  of 
a  failure  to  comply  with  the  contract  relating  to  any  work,  the  court 
may,  if  it  be  before  sale  and  before  the  contractor  shall  have  been  paid 
the  sum  provided  by  his  contract  to  be  paid  to  him,  reduce  the  amount 
of  the  assessment  or  allowance  in  such  amount  as  will  enable  the 
owner  or  the  city,  as  the  case  may  be,  to  have  the  work  done  in  accord- 
ance with  the  contract ;  and  if  after  sale  or  after  the  contractor  shall 
have  been  paid,  the  court  shall  grant  judgment  for  the  damages  against 
the  contractor  and  his  sureties  as  hereinafter  provided,  the  contractor 
and  the  sureties  on  his  bond  and  their  legal  representatives,  or  such  of 
them  as  can  be  served  with  process  or  notice,  shall  be  made  parties  to 
any  proceeding  for  that  purpose,  and  shall  be  therein  adjudged  to  be 
lialjle  to  the  parly  injured  or  the  city,  as  the  case  may  be,  for  the 
amount  in  which  any  assessment  or  allowance  shall  be  reduced,  if  it 
appears  that  the  contractor  was  in  fault  in  the  premises.  If  the  city 
was  in  fault  it  shall  be  adjudged  to  be  liable  to  the  party  injured  for 
such  amount.     (Z.  1898,  Ch.  182). 

;?  40(1.  Hearinjj  on  application  to  vacate  or  reduce  assess- 
ments for  local  improvements — If.  in  the  proceedings  relative  to 
any  assessment  or  assessments  for  local  improvements  in  the  city,  or 
in  the  proceedings  to  collect  the  same,  any  fraud  or  defect  in  the 
work,  or  substantial  error,  shall  be  alleged  to  e.xist  or  have  been  com- 
mitted, the  party  aggrieved  thereby  may,  within  twenty  days  after  the 
couipletion  of  the  assessment,  apply  to  have  the  assessment  vacated 
or  reduced,  to  a  judge  of  the  supreme  court,  at  special  term  or  at 
chambers,  or  to  the  county  judge,  who  shall  thereupon,  upon  due 
notice  to   the    corporation   counsel,   and    to    the  contractor   and   his 


City  of   Rochester  321 

White  Charter 


sureties,  or  any  other  person,  if  they,  or  either  of  them,  be  proper 
parties,  proceed  forthwith  to  hear  the  proofs  and  allegations  of  the 
parties.      (Z.  189S,  Ch.  1S3). 

Provisions  of  Old  Charter  as  to  local  improvements,  thi>  )xx>k. 
pp.  2i(>-254. 

<5  467.  Vacating  or  reducing  assessments  for  local  im- 
provements— If  after  such  hearing  it  shall  be  finally  decided  that 
the  alleged  fraud  or  defect  in  the  work,  or  substantial  error,  exi.sts  or 
has  been  committed,  the  as.sessment  shall  be  vacated  except  as  herein 
otherwise  provided,  and  the  lien  created  thereby  or  by  any  subsequent 
proceeding  shall,  except  as  herein  otherwise  provided,  cease;  and  no 
suit  or  action  in  the  nature  of  a  bill  in  equity  or  otherwise  shall  be 
commenced  to  vacate  any  assessment  in  the  city  or  to  remove  a  cloud 
upon  title  arising  from  any  assessment  hereinafter  made.  In  case 
the  assessment  shall  not  be  vacated,  the  assessment  may  be  reduced 
or  judgment  may  be  given  as  herein  provided.  Owners  of  property 
shall,  in  proceedings  to  reduce  or  vacate  or  stay  payment  of  assess- 
ments, be  confined  to  the  form  of  proceeding  in  this  article  mentioned. 
I'he  court  may.  in  a  proper  case  in  proceedings  under  this  article, 
direct  that  any  issue  or  issues  of  fact  be  tried  before  a  jur)-. 
(/.  1898.  Ch.  182). 

NoiK — "An  act  tf)  auihori/L-  the  recovery  of  an  as.sessment  paid  for  a  local 
improvement,  whicli  assessnu-iU  has  l)een  annulled"  (I,.  1896,  Ch.  910),  provides 
as  follows  : 

"  Whenever  an  assessment  for  a  local  improvenit-nt  has  been  annulled  by  the 
judgment  or  order  of  any  court  any  sum  of  money  which  has  been  heretofore,  or 
shall  be  hereafter  paid  thereon,  may  be  refunded,  with  interest,  from  the  time  of 
such  |)ayment.  If  not  so  refunded  witliin  one  year,  from  tht  time  of  such  judg- 
ment or  order  annulling  such  assessment,  an  action  may  l)e  maintained  to 
recover  such  sum.  with  interest  thereon." 

Statute  does  not  contemplate  vacating  entire  assessment  in  one 

proceeding     Walhut-   vs.    Maycu.  ;;Api).    I)i\.    iS;;    .ittirnuii.    i('5    N.    ^".  (>!;S. 
Statute  should  be  brought  to  attention  of  trial  court — Palmer  vs. 

City  of  Syr.icusr.   d-    .\|'i).    Hiv.    j'17. 

Improper  exemption  of  lands  within  prescribed  territory — (Kast 
Main  street  bridge  case).  Joslyn  vs.  City  of  kocht-ster.  opinion  by  Nash,  J.,  equity; 
affirmed,  66  App.  Div.  622. 


Chartkr  Law  ok  the 

Wliite  Charter 


§  468.     Assessment  not  void  unless  objections  have  been 

filed — It  is  further  provided  that  no  assessment  that  maybe  hereafter 
made  shall  be  void  or  shall  be  vacated  ;  nor  the  sale  of  property 
therefor  be  declared  illegal,  or  the  deed  or  certificate  of  conveyance 
therefor  be  adjudged  invalid  or  illegal,  or  any  moneys  paid  on  account 
of  or  because  of  such  assessment  be  recovered  back  or  refunded 
because  of  any  error,  illegality  or  irregularity  in  any  of  the  proceed- 
ings in  relation  to  the  work  or  improvement  for  which  such  assessment 
was  made  prior  to  the  commencement  of  the  work,  including  the 
ktting  of  the  contract  for  the  work,  unless  the  party  objecting  thereto 
shall  have  filed  his  objection  or  objections  with  the  board  of  estimate 
and  apportionment  within  ten  days  after  the  letting  of  the  contract  for 
said  work,  stating  the  error,  illegality  or  irregularity  complained  of. 
together  with  his  address ;  the  board  shall  thereupon  give  the  person 
or  persons  filing  such  objection  or  objections,  together  with  the  con- 
tractor to  whom  the  contract  to  do  the  work  was  let,  and  the  com- 
missioner of  public  works  a  hearing,  and  the  decision  of  the  board 
shall  be  final  and  conclusive,  unless  within  ten  days  after  such 
decision,  the  party  or  parties  filing  such  objection  or  the  contractor  or 
the  city  shall  commence  proceedings  to  review  the  same  ;  and  in  the 
event  that  the  proceedings,  or  any  of  them,  including  the  letting  of 
the  contract,  be  adjudged  illegal,  the  contract  for  doing  the  work  shall 
be  and  become  null  and  void  and  in  no  respect  l)inding  upon  the 
city.     (/.   1898,  67/ .  182). 

>5  469.     Amount  of  reduction  by  court;   new  assessment — 

When  proceedings  are  taken  because  the  work  has  not  been  done 
according  to  law,  or  the  assessment  is  reduced  because  the  work  has 
not  been  done  according  to  law,  or  contract,  and  a  certificate  of 
indebtedness  for  such  work  01;  any  part  thereof  shall  have  been 
issued,  or  payments  for  such  work  or  any  part  thereof  shall  have  been 
made,   and   no   objection   shall  have  been  filed  prior  to  the  issuing  of 


City  of   Rochester  323 

White   Charter 

such  certificate  or  payment,  the  court  shall  not  reduce  the  assessment 
below  the  amount  of  the  certificate  issued  or  payments  made  and  the 
interest  due  thereon.  Whenever  an  assessment  for  any  public  work 
or  improvement,  hereafter  made,  shall  be  vacated  or  set  aside  under 
the  provisions  of  this  article,  the  assessors  shall  forthwith  proceed  to 
make  a  new  apportionment  and  assessment  for  the  same,  with  interest 
thereon,  or  for  such  amount  as  the  court  shall  by  its  jud<:;ment  direct. 
(Z.  1898,  Ch.  182). 

5?  470.  Appeals  from  decisions  as  to  assessments — Either 
party  may  appeal  from  the  final  decision  of  the  court,  or  a  judge 
thereof,  upon  any  proceedings  taken  under  this  article,  the  same  as 
from  an  order  in  a  civil  action.  Such  appeal  must  be  taken  within 
ten  days  after  the  service  upon  such  party  of  notice  of  such  final 
decision.     (/..  1898,  C/i.  182). 

§  471.     Consolidation   of  actions  as  to  assessments — Two 

or  more  persons  may  unite  in  commencing  and  prosecuting  proceed- 
ings under  this  article  ;  and  when  two  or  more  persons  have  com- 
menced separate  proceedings  under  this  article  to  vacate  or  reduce 
as.sessments  for  the  same  public  work  or  improvement,  the  court  or 
the  judge  before  whom  the  same  are  commenced  or  pending,  or 
where  some  are  commenced  before  the  county  judge,  and  some  in  the 
supreme  court,  a  judge  of  the  supreme  court  at  special  term  or 
chambers  may  consolidate  such  separate  proceedings  into  one  pro- 
ceeding.    (/.  1898.  C/i.  182). 

§  472.  Taxpayers  may  lia>e  cit>  publications — I'pon  pay- 
ment of  ten  dollars  a  year  to  tiie  treasiuer.  anv  taxpayer  of  the  city 
may  have  one  copy  of  the  following  publications,  which  shall  be 
delivered  to  him  by  a  city  marshal  immediately  after  they  are  respec- 
tively printed,  at  any  place  within  the  city  designated  by  him.  within 
one-quarter  of   a  mile  from  the  j^lace  where  the  common  coimcil  shall 


3'J4  Charter  Law  of  thk 

White  Charter 


hold  its  meetings :  The  printed  minutes  of  the  meetings  of  the  com- 
mon council,  of  the  board  of  estimate  and  apportionment,  and  of  the 
board  of  contract  and  supply,  as  they  from  time  to  time  appear,  and  the 
bound  and  imlcxed  volume  of  each  at  the  end  of  each  year  and  claims 
against  the  city  presented  by  the  comptroller  as  they  from  time  to  time 
appear  in  their  printed  form,  and  the  comptroller's  annual  published 
statement  of  the  financial  condition  of  the  city.      (Z.  i8g8,  Ch.  182). 

§  473.  Construction  of  words — The  word  "his"  as  used  in  this 
act  shall,  in  all  proper  cases,  be  held  to  include  and  be  co-extensive 
with  the  words  "  her  "  "  it  "  and  •' their  :"  the  word  "  person,"  shall 
be  held  to  include  and  to  be  co-extensive  with  the  words  "persons," 
"  company,"  "  joint  stock  association  "  and  "  corporation  ;"  the  word 
"street"  shall  be  held  to  include  and  be  co-extensive  with  "roads," 
"  avenues,"  "  highways,"  "  allej'^s  "  and  "  squares  ;"  the  word  "  work  " 
shall  be  held  to  include  and  be  co-extensive  with  "  improvements  " 
and  "  repairs  ;"  the  word  "  materials  "  shall  be  held  to  include  and  be 
co-extensive  with  "supplies,"  "stationery,"  "books,"  "furniture" 
and  "repairs  to  furniture  ;"  the  word  "tax"  shall  in  all  proper  cases 
be  held  to  include  and  be  co-extensive  with  "water  rents  or  rates," 
"  assessments  or  re-assessments  for  local  improvements,"  and  the 
singular  noun  shall  be  held  to  include  and  be  co-extensive  with  the 
plural  noun.     {Added  by  L.  1899,  Ch.  581). 

Construction  of  words  in  Old  Charter — See  this  book,  p.  336. 

NuTK — §§  473-481,  inclusive,  omitted  in  White  Charter  a.s  first  enacted. 

§  482.  White  Charter  repeals  inconsistent  laws  and  ordi- 
nances— All  statutes  of  the  state  and  ordinances  of  the  city  so  far  as 
inconsistent  with  the  provisions  of  this  act  are  hereby  repealed,  but 
such  repeal  shall  not  affect  any  right  already  existing  or  accrued,  or 
any  liability  incurred  by  reason  of  any  violation  of  any  law  heretofore 
existing,  or  any  suit  or  proceeding  already  instituted,  or  action  had 
under  the  laws  or  ordinances,  unless  otherwise  expressly  provided  in 


City  ok  Rochester  3*J5 


White  Charter 


this  act.  Hut  nothing  herein  contained  shall  be  construed  so  as  to 
aflfect  any  of  the  several  acts  or  parts  of  acts  to  regulate  and  improve 
the  civil  service  of  the  state  of  New   \'ork.     {L.  1898,  182). 

White  Charter  a  legislative  enactment  and  cannot  be  overturned  by 
rules  of  civil  service  conmiissitin — People  ex  rel.  Skelly  vs.  Grant,  opinion  by 
Na.sh,  J.;   affirmed,  52  App.  Di\ .  0^5. 

Proceedings  of  civil  service  commission  cannot  be  enquired 
into  collaterally — People  ex  rel.  Barnett  vs.  Johnston.  38  Misc.  645 ;  affirmed 
without  opinicjii,  75  App.  I>iv.  630. 

Repealing  clause  of  Old  Charter — See  this  book,  p.  336. 

§  483.  Saving  clause;  statutes  not  inconsistent  shall 
remain  in  force  and  shall  be  construed  in  harmony 
with  White  Charter ;  existing  powers  transferred ;  park 
commission  continued — Ncjthing  contained  in  this  act  shall 
he  construed  to  repeal  any  statute  of  the  state  or  ordinance 
of  the  city  or  rule  or  regulation  of  the  board  of  health  not  in- 
consistent with  the  provisions  of  this  act  and  the  same  shall  remain  in 
full  force  and  effect,  when  not  inconsistent  with  the  provisions  of  this 
act,  to  be  construed  and  operated  in  harmony  with  the  provisions  of 
this  act.  The  powers  which  are  conferred  and  the  duties  which  are 
imposed  upon  any  officer  or  department  of  the  city  luider  any  statute 
of  the  state,  or  any  city  ordinance  which  is  in  force  at  the  time  of  the 
taking  effect  of  this  act,  shall,  if  such  office  or  department  be  abolished 
by  this  act,  be  thereafter  exercLscd  and  discharged  by  the  officer,  board 
or  department  upon  whom  is  imposed  corresponding  or  like  functions, 
powers  and  duties  luuler  the  provisions  of  this  act.  Where  any  con- 
tract has  been  entered  into  by  the  city  prior  to  the  time  of  the  taking 
effect  of  this  act,  or  any  bond  or  inidertaking  has  been  given  to  or  in 
favor  of  the  city,  which  contains  provisions  that  the  same  may  be 
enforced  by  .some  officer,  board  or  department  therein  named,  but  by 
the  provisions  of  this  act  such  office,  board  or  department  is  abolished, 
such  contracts,  bonds  and  undertakings  shall  not  in  any  manner  be 
impaired,  but  shall  continue  in  full  force  and  the  |x>wers  conferred  and 


;5l*()  (/iiAKTKR   Law  ok  tiik 

White  Charter 


the  duties  iiiipost'd  with  reference  to  the  same  upon  the  officer,  board 
or  department  which  has  been  abolished,  shall  thereafter  be  exercised 
and  discharged  by  the  officer,  board  or  department  upon  whom  is  con- 
ferred or  imposed  like  powers,  functions  or  duties  under  the  provisions 
of  this  act.  The  park  commission,  in  any  city,  which  at  the  time  this 
act  takes  effect,  has  a  general  park  system  whicli  has  not  been  com- 
pleted by  the  purchase  of  lands  according  to  plans  heretofore  prepared 
and  adopted,  is  continued  in  office,  notwithstanding  the  provisions  of 
this  act,  with  all  the  powers  and  subject  to  all  the  duties,  conferred 
and  imposed  upon  such  commission  by  the  law  creating  such  commis- 
sion and  the  amendments  thereto.  (As  a7nended  L.  1903,  C//.  31). 
Note — §§  484-494,  inclusive,  omitted  in  White  Charter  as  first  enacted. 

§  495.  When  White  Charter  in  force — Except  as  otherwise 
provided,  so  much  of  this  act  as  pertains  to  the  election  of  officers  and 
to  the  provisions  of  section  thirty-one,  shall  take  effect  September  first, 
eighteen  hundred  and  ninety-nine  ;  sections  ninety-nine  and.  four  hun- 
dred and  eighty-four  shall  take  efTect  immediately  and  the  remainder 
of  the  act  shall  take  effect  January  first,  nineteen  hundred.  {As 
amended  L.   1899,  Ch.   581). 

Old  Charter 

Noli; — Miscellaneous  provisions  of  the  Old 
Charter,  not  published  elsew  here  in  this  book, 
are  as  follows  : 

§  6.     Officers  elected  and  appointed — 

The  officers  of  said  city  shall  be  one  mayor, 
one  treasurer,  three  members  of  the  executive 
board,  two  judges  of  the  municipal  court,  one 
police  justice,  one  supervisor  for  each  ward, 
one  alderman  for  each  ward,  one  constable  for 
each  ward,  and  one  commissioner  of  common 
schools  for  each  ward  ;  all  to  be  elected  by  the 
electors  of  the  city,  by  ballot,  as  hereinafter 
provided  ;  one  city  clerk,  one  auditor,  one  city 
attorney,  one  overseer  of  the  poor,  three  assess- 


City  ok  Rfx  iiksikk 


Old  Charter 

ors,  one  sealer  of  weights  and  measures,  one 
city  surveyor,  two  police  commissioners  and 
one  police  clerk,  to  be  appointed  as  hereinaf- 
ter provided,  and  such  other  officers  as  are,  by 
this  charter  or  other  law,  to  be  elected  or 
appointed.     {As  a7nen(ied  L.  1892,  Ch.  190). 

See  note  after  Old  Charter,  §  24,  this  book,  p.  332. 

Note — §  7,  Old  Charter,  not  printed  herein  (as 
amended  L.  1897,  Ch.  784),  covered  the  election  of 
mayor,  police  justice,  treasurer,  supervisors,  con- 
stables, aldemien,  members  of  the  board  of  education, 
and  the  appointment,  powers  and  duties  of  auditor; 
?;  8,  Old  Charter,  not  printed  herein  (as  amended 
L.  1888,  Ch.  06),  covered  the  appointment  of  city 
clerk,  city  surveyor,  overseer  of  the  poor,  city  attorney, 
commissioners  of  Mt.  Hope  cemetery,  assessors,  sealer 
of  weights  and  measures,  fire  marshal,  and  pound 
masters. 

§    II.     Removal  of  city  treasurer  and 
officers   appointed   by    common  council — 

The  city  treasurer  or  any  person  whose  appoint- 
ment is  herein  conferred  upon  the  common 
council,  may  each  be  removed  from  office  by 
the  common  council,  for  official  misconduct, 
or  for  neglect  or  unfaithful  performance  of 
the  duties  of  his  otifice  :  but  notice  of  the  charges, 
and  an  opportunity  of  being  heard  in  defense, 
shall  first  be  given.  {As  anwuiftui  I..  1890, 
Ch.  561). 

Mkm(ik.^m>i:m   UN    Ki.K.riioNs 

For  full   information    in    regard   to    primaries   and    elections,  see 

"  Jewett's  Manual  for  Election  Officers  and  Voters,"  which  contains  all  the 
general  provisions  ot  law  now  in  force  and  the  decisions  on  these  subjects. 

The  Election  Law — Prior  to  1  Sod.  the  Revised  Statutes  (I'art  I.  Ch.  6), 
contained  the  general  provisions  of  law  relating  to  elections.  In  1890  the  legis- 
lature adopted  the  system  of  voting  by  official  ballot  (L.  1S90,  Ch.  262),  and 
required  personal  registration  in  cities  (L.  1890,  Ch.  321).  The  statutory  revision 
commission  reported  as  chajjter  six  of  the  general  laws,  "  The  Election  I^w," 
which  was  passed  in  1892  (1>.  1S92,  Ch.  680).  After  being  amended  variously 
the  law  was  revised  and  re-enacted  in  1S96  (L.  1896,  Ch.  iKJ9)-  Provisions  in 
regard  to  primary  elections  were  contained  in  the  election  laws  of  1892  and  1S96, 
supra,  but  in  1898  the  legislature  enacted  the  Primary  Election  law  (L.  1898.  Ch. 
179),  which  law  was  re-enacted  entirely  the  following  year  (1,.  1899,  Ch.  473). 

Note — Memorandum  continued  on  next  page.  328. 


328  Charter   Law  t)i    thk 

Memorandum  on    Klections — Continued 


The  provisions  of  the  State  Constitution  concerning  elections 
and  elective  officers  art.-  fnund-in  Art.  II.  §5;  i-();  Art.  Ill,  vis  1-1;.  iS.  27.  and 
28;  Art.  IV,  §§  1-3,  7;  Art.  V,  §§  1-2.  7  ;  Art.  VI,  §§  i,  2,  4,  7,  S,  lO-iS.  22;  Art. 
VII,  §  4;  Art.  X,  §§  1-8;  Art.  XII,  §  3;   Art.  XIII,  §§    1-4,6;  Art.  XIV,  §§  1-3. 

The  provisions  of  the  Penal  Code  relating  to  crimes  against  the 
elective  franchise  arc  found  in  §5j  4[-4iz/.  inclusive. 

Who  are  citizens — U.  S.  R.  S.,  2d  edition,  §§  1992-1998,  title  25  ; 
§  2168,  title  30. 

Naturalization — U.  S.  R.  S.,  2d  edition,  5§  2165-2167,  2169-2170.  2172. 
2174.  title  30;  False  certificates— Penal  Code.  §§  4i.\,  4iy ;  State  Naturaliza= 
tion  Law — L.  1S95,  Ch.  927. 

Soldiers  and  Sailors  Election  Law — !..  .1898,  Ch.  674, 

Metropolitan  Election  Districts  Law — L.  1898,  Ch.  676. 

Town  Enrollment  Act— 1..  1002.  Ch.  1(15. 

Town  meetings,  election  and  tenure  of  town  officers — Town  I^w; 
See  al.so  L.  1897,  (i).  551  ;  L.  1898,  Ch.  594 ;  1,.  1901,  Ch.  34 ;  L.  1901.  Ch.  174 ; 
L.  1902.  Ch.  10;    1,.  1902,  Ch.  239;   L.  1903.  Ch.  266. 

Village  officers  and  elections — Village  Law. 

School  elections — Consolidated  School  Law. 

Old  Charter 

The  provisions  of  the  Old  Charter  as  to 
elections  are  printed  herein  as  ihey  exist.  Since  1875 
tiie  Constitution  of  the  State  of  New  York  has  pro- 
hibited the  legislature  from  passing  local  bills  regu- 
lating "  the  opening  and  conducting  of  elections  or 
designating  places  of  voting."  but  charter  provisions 
existing  before  the  constitutional  prohibition  may  be 
amended  afterwards — People  ex  rel.  Lardner  vs.  Car- 
son, 10  Misc.  237;  affirmed,  155  N.  V.  491. 

Note — The  special  act  entitled,  "  An  act  to  pro- 
vide for  elections,  the  fiscal  year,  the  reporis  of  cflicers 
and  departments,  and  the  auditing  of  accounts  in  the 
city  of  Rochester."  (L.  1895,  ^^^-  604),  not  printed  in 
this  book,  affected  Old  Charter,  §§  7,  8,  13,  14,  18,  21, 
23,  25,  34  and  46.  The  sections  relating  to  elections, 
together  with  other  charter  provisions,  were  later  cov- 
ered by  "All  act  to  amend  the  charter  of  the  city  of 
Rochester."     (L.  1897,  Ch.  784). 

>J    13.     Time    of    opening   and    closing 

polls — ( )n  the  day  of  any  election  held  by 
virtue  of  this  act,  the  polls  shall  be  opened  in 
each  ward  and  election  district  in  said  city 
at  the  several  places  designated  by  the  com- 
mon council,  at  six  o'clock  in  the  forenoon, 
and  shall  be  kept  open  without  intermission 
or  adjournment,  until  five  o'clock  in  the  after- 
noon, at  which  time  they  shall  be  finally  closed. 
(As  amoideii  L.  1897,  Ch.  784). 


City  ok  Rochester  329 

Old  C'harter 


Time  of  opening  and  closing  polls — Kkction 
Law,  §  3. 

When  the  election  of  city  officers  shall  be 
held — State  Constilution,  Art.  XII,  §  3. 

§   14.     The    Election    Law    shall    gov= 

ern — The  number  of  inspectors,  poll  clerks 
and  ballot  clerks,  their  appointment,  their 
powers  and  duties,  their  compensation,  and 
the  filling  of  any  vacancies  that  may  occur, 
the  conduct  of  primaries,  conventions  and 
nominations,  the  qualification  and  registration 
of  voters,  the  preparation  of  ofticial  ballots, 
sample  ballots  and  instruction  cards,  ballot 
boxes  and  other  supplies,  the  distribution 
thereof  to  polling  places,  and  the  conduct  of 
elections  in  said  city  for  municipal  ofticers, 
shall  be  the  same  as  prescribed  by  the  act 
in  relation  to  elections  constituting  chapter 
six  of  the  general  laws,  and  being  chapter 
nine  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  ninety-six,  and  the  amendments 
thereto,  which  are  hereby  made  a  part  of  this 
act,  and  shall  govern  elections  in  said  city, 
unless  .said  city  shall  determine  to  use  anv  other 
lawful  method  of  voting,  in  which  case  the  stat- 
utes regulating  such  methods  of  election  shall 
govern,  and  except  as  may  be  otherwise  ex- 
pre.sslv  provided  h'jrein.  (As  amciuleii  [..  1897. 
Ch.  784). 

Adoption  of  voting  machines— Klection  I  aw. 

Inspectors'  powers   to  appoint  poll  clerks 
In  1892 — Howe  vs.  City  of   Rochester,  .S6  Hun   -,. 

*}    15.     Commencement    of     terms     of 

office — All  officers  elected  by  the  people, 
according  to  the  provisions  of  this  charter, 
shall  enter  upon  their  respective  offices  on 
the  first  day  of  January,  next  following  such 
election,  unless  otherwise  by  law  provided. 
{As  ametiiied  I..  1897,  Ch.  784). 

Commencement   of    term    of    office     I'uljlic 

Ottkers   I^iw.  §  4. 


880  Chakikk   Law  ok   ihk 

Old   Charter 

§    16.     Terms  of  office  and  salaries — 

The  period  of  a  year,  as  applied  in  this  charter 
to  the  terms  of  office  and  the  salaries  thereof, 
shall  extend  from  and  including  the  first  day  of 
January  in  one  year  to  and  including  the 
tliirty-first  day  of  December  in  the  same  year, 
in  cases  where  the  term  of  office  commences 
on  the  first  day  of  Januan'.  (^s  amended  L. 
1897.  Ch.  784). 

^    17.     Relating   to  ballots  and   ballot 

boxes.      {Rrpcaled  by  /..  1897,  C/i.  784). 

§   18.     Vacancies;  how   voted   for — If, 

at  any  charter  election  to  be  held  in  the  said 
city,  there  shall  be  one  or  more  vacancies  to 
be  supplied  in  any  office,  and  at  the  same  time 
any  person  to  be  elected  for  the  full  term  of 
said  office,  the  term  for  which  each  person 
voted  for  is  intended,  shall  be  designated  on 
the  ballot.     {As  amended  L.  1897,  Ch.  784). 

§  .19.  Qualifications  of  voters — Every 
person  entitled  to  \otc  for  member  of  assem- 
bly, who  shall,  for  the  last  thirty  days,  have 
been  an  actual  resident  of  the  ward  or  elec- 
tion district  in  which  he  offers  his  vote,  and 
who  is  at  the  time  an  actual  resident  of  such 
ward  or  election  district,  shall  be  entitled  to 
vote  there,  but  not  elsewhere,  for  all  or  any 
of  the  officers  to  be  chosen  at  such  election. 
(Z.  1880,  Ch.  14). 

Qualifications  of  voters — .State  (Onstitution, 
Art.  II.  J;  r  :  I'lk-ctioii  Law.  §  34.  Right  tO  vote 
not  to  be  denied — United  States  Constitution, 
.Xniendnienls.   .Art.   XIV.  §§  1.2. 

§   20.     Canvass  of  votes  at  elections — 

Immediately  after  the  closing  of  the  polls,  the 
inspectors  of  election  shall  forthwith,  without 
adjournment,  canvass  the  votes  received  by 
them,  and  declare  the  result ;  and  shall  on 
the  same  or  next  day  make  a  certificate  stating 


City  ok  Rochester  331 

Old  Charter 


the  number  of  votes  given  for  each  person  for 
each  office,  and  shall  file  such  statement  and 
certificate  on  the  day  of  election,  or  the  next 
day,  with  the  clerk  of  the  city.  (Z.  1880, 
Ch.  14). 

Canvass  of  votes — I'.lcction  Law,  §§  110-112; 
when  ballot  machines  are  used — Id..  §  178. 

>?   21.     Canvass  of   votes  by   common 

council — The  common  council  shall  convene 
on  the  Friday  succeeding  any  election  provided 
by  said  charter  at  two  o'clock  in  the  after- 
noon, at  their  usual  place  of  meeting,  and  shall 
forthwith  determine  and  certify  in  the  manner 
provided  by  law,  what  persons  are  duly  elected 
at  the  said  election  to  the  several  offices,  respec- 
tively ;  such  certificate  shall  be  made  in  dupli- 
cate, one  of  which  shall  be  filed  with  the  clerk 
of  the  city  and  the  other  with  the  clerk  of 
Monroe  county.  {^As  amended  /..  1897.  Ch. 
784). 

§   22.     When    common    council    shall 

elect — -If,  at  any  election  authorized  by  this 
act,  any  officer,  except  alderman,  shall  not 
have  been  chosen  by  reason  of  two  or  more 
candidates  having  received  an  equal  number 
of  votes,  the  connnon  council  shall,  by  ballot, 
elect  such  officer  from  the  two  candidates 
having  the  higlicst  number  of  votes.  (/.  1880, 
C/i.  14). 

«}  23.  Vacancies  W  henever  a  vacancy 
shall  occur  in  the  office  of  alderman  or  police 
justice  for  any  cause,  the  common  council  of 
said  city  shall  inunediately  appoint  a  special 
election  to  be  held  in  said  city,  or  in  the  ward 
for  which  such  alderman  was  chosen,  not  less 
than  twenty-live  days  nor  more  than  forty  days 
from  the  time  of  such  appointment,  unless 
such  vacancy  shall  occur  within  three  months 
before  the  Tuesday  succeeding  the  first  Mon- 
dav   in    No\ember   in   an   odd-numbered   vear. 


332  Chartkk   Law  ok  thk 

Old  Charter 


and,  in  such  case,  it  shall  be  optional  with  the 
common  council  to  order  a  special  election  or 
not,  as  it  shall  deem  expedient.  (As  amouicd 
L.  1897,  Ch.  784). 

See  note  under  Old  C" barter,  §  24,  below. 

Filling  vacancies — State  Constitution,  Art.  X, 

§  5;    Eltction  Law,  §  4. 

§   24.     Vacancies    filled     by    common 

council — In  case  a  \acancy  shall  occur  in  the 
office  of  any  of  the  officers  before  named, 
except  an  alderman  or  police  justice,  the  com- 
mon council  may,  when  not  otherwise  provided, 
in  its  discretion,  fill  such  vacancy  by  the 
appointment  of  a  suitable  person  who  is  an 
elector,  and  if  appointed  for  a  ward,  who  is  a 
resident  of  the  ward  for  which  he  shall  be  ap- 
pointed ;  and  any  officer,  appointed  to  fill  a 
vacancy,  if  the  office  is  elective,  shall  hold  by 
virtue  of  such  appointment  until  and  including 
the  thirty -first  day  of  December  following  the 
next  succeeding  biennial  charter  election,  unless 
otherwise  provided.  If  an  elective  officer, 
whose  office  shall  have  become  vacant,  was  one 
of  a  class,  a  successor  for  the  unexpired  term 
shall  be  elected  at  the  next  biennial  charter 
election,  except  as  may  in  any  case  be  ex- 
pressly provided.  {As  amended  L.  1897,  Ch. 
784). 

Note — As  to  appointing  powers  of  Mayor,  see 
White  Charter,  §  49,  this  book,  p.  64 ;  as  to  filling 
vacancy  in  office  of  police  justice,  White  Charter, 
§  392,  p.  263 ;  filing  vacancy  in  office  of  alderman, 
White  Charter,  §  27,  p.  39. 

§  25.  Special  elections — Whenever  a 
special  election  is  to  be  held  the  common 
council  shall  cause  to  be  delivered  to  the  in- 
spectors of  election,  in  the  ward  and  election 
districts  in  which  such  election  is  to  be  held, 
a  notice  signed  by  its  clerk  specifying  the 
officers  to  be  chosen  and  the  day  and  place 
in  the  ward,  or  in  the  several  wards  of  said 
city,  at  which  such  election  is  to  be  held,  and 


City  of   Rochkster  333 

Old  Charter 


the  proceedings  at  such  election  shall  be  as 
at  the  biennial  charter  election.  Such  notice 
shall  also  be  published  in  all  the  daily  news- 
papers of  the  city  at  least  once  before  such 
special  election  period.  On  the  Friday  suc- 
ceeding such  election  the  common  council  of 
that  year  shall  convene  at  two  o'clock  in  the 
afternoon  at  its  usual  place  of  meeting,  and  the 
same  proceedings  shall  then  and  there  be  had 
as  prescribed  in  case  of  said  charter  election 
period.     {As  amended  L.  1897,  Ch.  784). 

Special  elections — Election  Law,  §  4. 

i?  26.  Certain  officers  to  take  and  file 
oath  of  office  ;  bonds  of  police  clerk  and 
constables ;  city  clerk  to  administer 
oaths,  etc. — Every  person  elected  or  appointed 
to  the  office  of  mayor,  police  justice,  city  clerk, 
police  clerk,  alderman,  constable,  supervisor, 
treasurer  or  commissioner  of  common  schools 
in  the  city  of  Rochester,  shall,  before  he  enters 
on  the  duties  of  his  office,  and  within  five 
days  after  being  notified  of  such  election  or 
appointment,  take  the  oath  of  office  prescribed 
by  the  constitution  of  the  state  before  any  offi- 
cer authorized  to  administer  oaths  or  take 
affidavits  and  file  the  same  with  the  city  clerk  ; 
and  said  police  clerk  shall  also,  within  said  five 
days,  execute  a  bond  to  the  city  of  Rochester 
in  the  penalty  of  five  thousand  dollars,  with  two 
sureties,  to  be  approved  by  the  mayor  of  said 
city,  conditioned  faithfully  to  perform  the  du- 
ties of  police  clerk,  and  to  pay  over  the  moneys, 
and  to  make  the  report  hereinafter  required, 
and  file  the  same  in  the  office  of  the  clerk  of  the 
said  city.  F.very  person  chosen,  elected  or 
appointed  to  the  office  of  constable,  before  he 
enters  on  the  duties  of  his  office  and  within 
eight  days  after  he  shall  be  notified  of  his  elec- 
tion or  appointment,  shall  execute  a  bond,  with 
at  least  two  sufficient  sureties  to  be  approved  in 
writing  by  a  judge  of  the  municipal  court  of 
the  city  of  Rochester,  in  which  said  bond  such 
constable  and  his  sureties  shall  jointly  and  sev- 


334  Chartkk   Law  ok   ihk 

Old  Charter 


erally  agree  to  pay  each  and  exei)-  person  who 
may  be  entitled  thereto  all  such  sums  of  money 
as  the  said  constable  may  become  liable  to  pay 
on  account  of  any  execution  which  shall  be  de- 
livered to  him  for  collection  ;  and  shall  also 
jointly  and  severally  agree  and  become  lia- 
ble to  pay  each  and  everjf  such  person  for 
any  damages  which  he  may  sustain  from 
or  by  any  act  or  thing  done  by  said  con- 
stable, by  virtue  of  his  office  of  constable,  and 
the  said  person  so  chosen,  elected  or  appointed 
to  the  said  office  of  constable  shall,  also,  within 
eight  days,  and  before  he  enters  on  the  duties 
of  his  office,  cause  said  bond  so  approved  as 
aforesaid  to  be  tiled  with  the  city  clerk,  and  a 
copy  of  such  bond,  certified  by  the  city  clerk, 
shall  be  presumptive  evidence  in  all  courts  of 
the  execution  thereof  by  such  constable  and  his 
sureties.  Every  constable  chosen,  elected  or 
appointed,  as  aforesaid,  shall,  in  good  faith,  be 
an  actual  resident  of  the  ward  in  or  for  which 
he  shall  be  chosen,  elected  or  appointed. 
The  city  clerk  is  hereby  authorized  to  adminis- 
ter all  oaths  and  to  take  affidavits  and  acknowl- 
edgments within  said  city,  and  to  receive  the 
same  fees  that  are  allowed  to  commissioners  of 
deeds  for  the  same  service.  (As  atnended  L. 
1881,  C//.  343)- 

Duties  of  constables  in  service  of  process 

—Old  Charter,  ij  65.  iliis  l^ook,  ]).  3.15. 

Public  officers  must  take  oath  of    office — 

Public  Officers  Law,  §10;  failure  to  take  oath — Penal 
Code,  §§  42,  43;  effect  on  official  acts  of  failure  to 
take  oath  — Public   Offii  ers   Law,  §    15. 

Bond  of  police  clerks — White  Charier,  §  398, 
this  buok,   ]).    :!(i|. 

^  27.  Other  officers  to  take  and  file 
oath  of  office — Every  person  chosen  or  ap- 
pointed by  the  common  council  to  any  other 
office  except  those  enumerated  in  the  last  sec- 
tion before  he  enters  on  the  duties  of  his  office, 
and  within  five  days  after  being  notified  of  his 
election  or  appointment,  shall  cause  to  be  filed 
in  the  office  of  the  city  clerk  a  notice  in  writing 


City  of   K()Chestb:r  335 

Old  Charter 


signifying  his  acceptance  of  such  office  and 
take  the  oath  of  office  prescribed  by  the  consti- 
tution of  this  state  before  any  officer  authorized 
to  administer  oaths  or  take  affidavits,  and  file 
the  same  with  the  city  clerk.  (/..  iS8o, 
Ch.    14). 

Form  of  oath  to  be  taken  by  executive 
and  judicial  officers- -vState  Constitution,  Art. 
XIII.  §   I. 

§   28.     Neglect    to    qualify    deemed    a 

refusal  to  serve — Jf  any  person  chosen  or 
appointed  to  any  office  specified  in  the  last  two 
sections  shall  not  take  and  subscribe  the  oath 
of  office  and  file  the  same  as  therein  directed, 
or  shall  not  cause  a  notice  of  acceptance  to  be 
filed  as  therein  directed,  or  if  required  by  law 
or  by  the  common  council  to  execute  an  official 
bond  or  undertaking,  shall  neglect  to  execute 
and  file  the  same  in  the  manner  and  within  the 
time  prescribed  by  law  or  by  the  common 
council,  such  neglect  shall  be  deemed  a  refusal 
to   serve.     {^As  amended  L.  18S1,  Ch.  3-I.3). 

Oath  of   office  must  be  filed  within  fifteen 
days — I'lihlic  ()trK<i>  Law.  ij  -o, 

§  32.     Election  expenses  a  city  charge 

— The  expenses  of  any  election  to  be  held  as 
provided  by  this  act  shall  be  city  charges,  and 
defrayed  in  the  same  manner  as  other  contin- 
gent expenses  of  the  city.      (/.  1880,  Ch.  14), 

*i  63.  Duties  of  constables  ;  service  of 
criminal  process  -The  constables  elected  in 
said  cil)-,  or  in  the  different  towns  of  the  county 
of  Monroe,  shall  not  be  compelled  to  serve  or 
execute  any  process,  notice  or  paper  whatever, 
issued  by  the  police  justice  or  the  miuiicipal 
court  of  said  city,  in  execution  of  the  laws  of 
the  state  for  the  prevention  of  crime  and  the 
punishment  of  criminal  ofi'enders,  or  of  the 
police  laws  and  regulations  of  the  state  or  of 
said  city  ;  nor  shall  the  county  of  Monroe,  or 
any  of  the  towns  thereof,  or  said  city,  be  liable 
to  pay  any  such  constable  any  fees  for  serving 


336  Chartkr  T-aw  ok  thk 

Old   Charter 


or  executing  such  paper  or  process.  In  other 
respects  the  constables  elected  in  said  city  shall 
have  within  said  city  and  the  county  of  Monroe, 
the  same  authority  and  compensation,  and  be 
subject  to  the  same  duties,  as  the  constables  of 
the  several  towns  of  said  county.  (Z.  1880, 
Ch.    14). 

Bonds  of  constables — Old  Charter,  §  26.  this 
book,  p.  333. 

§   290.     Old    Charter  deemed  a  public 

act — This  charter  shall  be  deemed  a  public  act, 
and  the  legislature  may  at  any  time  repeal, 
modify  or  alter  the  same.      (Z.  1880,  Ch.  14). 

Repealing  clause  of    Old  Charter — All 

acts  and  parts  of  acts,  so  far  as  inconsistent 
with  or  repugnant  to  this  act  or  to  the  charter 
as  hereby  amended,  are  hereby  repealed  or 
declared  inapplicable  to  the  said  city  ;  but  the 
repeal  hereby  of  any  statutory  provision  shall 
not  affect  any  action,  proceeding,  suit  or  pro- 
secution had  or  commenced  prior  to  the  time 
when  this  act  shall  take  effect.  (Z.  1880, 
Ch.   14,  §  2,  after  §  290). 

Repealing  clause  of  White  Charter — §  482, 
this  book.  \i.  324. 

Construction  of  certain  words  in 
Old  Charter — Whenever,  in  this  act,  or  in 
the  act  which  this  act  amends,  the  words 
"owner"  or  "person"  appears,  it  shall  be 
deemed  to  include  a  corporation  and  joint 
association,  as  well  as  a  natural  person,  and  a 
word  used  in  the  singular  number  or  mascu- 
line gender  shall  include  the  plural  number 
and  feminine  and  neuter  gender.  {Added  by 
L.  1890,  Ch.  561). 

Construction    of    words  in  White  Charter 

— §  473i  thi.s  book,  p.  324. 


City  of   Rochester  337 

Old  Charter 

MOUNT  HOPE  CEMETERY 

§   73.     Government    of    Mount     Hope 

cemetery — Mount  Hope  cemeteiy  shall  be 
under  the  control  of  three  coniinissioners  who 
shall  constitute  a  board  of  commissioners. 
(Z.  1880,  Ch.  14). 

Note — Commissioners  of  Mount  Hope  cemetery 
were  formerly  appointed  by  the  common  council 
(Old  Charter,  §  8,  as  amended  L.  1888,  ch.  86).  They 
are  now  appointed  by  the  mayor  under  White  Char- 
ter, §  49,  this  book,  p.  64,  pursuant  to  opinion  of  the 
corporation  counsel. 

§  74.  Duties  of  commissioners  of 
Mount  Hope  cemetery ;  arrest  of  of= 
fenders;  powers  to  pass  ordinances; 
misdemeanors  —  The  commissioners  of 
Moimt  Hope  cemetery  shall  have  the  care, 
custody  and  management  of  the  cemetery, 
and  everything  in  or  upon  the  same,  including 
the  fences  surrounding  the  same,  and  shall 
employ  a  superintendent  and  such  other  per- 
sons as  they  may  deem  proper,  and  regulate 
their  compensation  and  duties,  and  the  said 
commissioners,  superintendent  and  such  em- 
ployees as  shall  be  specially  designated  by 
said  commissioners,  shall  have  power  and 
authority,  respectively,  to  arrest  any  person  or 
persons  by  him  or  them  found  violating  in. 
upon  or  within  fifty  feet  adjoining  said  ceme- 
tery, any  of  the  penal  or  other  ordinances, 
rules  or  regulations  of  said  commissioners,  or 
of  the  conunon  council  of  said  city,  or  any  law 
or  statute  of  this  state,  and  to  take  the  person 
or  persons  thus  arrested  before  the  police  jus- 
tice, or  one  of  the  judges  of  the  municipal 
court  of  said  city,  to  be  dealt  with  in  the  same 
manner  as  if  such  person  or  persons  had  been 
arrested  upon  a  warrant  theretofore  duly  issued, 
or  shall,  after  such  arrest  deliver  the  person  or 
persons  so  arrested  to  a  member  of  the  police 
department   of   said   department  of   said   citv. 


338  Chaktku   Law  ok    thk 

Old  (luirler 

whose  duty  it  shall  be  to  take  the  person  or 
persons  so  arrested  before  said  justice  or 
judge,  to  be  dealt  with  as  if  arrested  upon  a 
warrant,  as  aforesaid,  and  it  shall  be  the  dut)' 
of  such  commissioners,  superintendent  and 
employees,  respectively,  to  enforce  any  and  all 
of  said  laws,  ordinances,  rules  and  regulations 
violated  at  the  place  or  places  aforesaid. 
The  said  commissioners  shall  cause  suitable 
maps  to  be  made  and  perfected  of  all  the 
grounds,  roads  and  lots  in  said  cemetery,  and 
shall  regulate  the  sales  and  prices  of  lots  and 
interments  therein,  and  shall  make  such  rules 
and  regulations  for  the  use,  protection  and 
improvement  of  the  cemetery,  including  all  of 
the  buildings,  monuments,  tombstones,  fences 
and  other  articles  in  or  upon  the  same,  as  they 
shall  deem  proper,  but  in  no  case  shall  such  com- 
missioners, however,  charge  a  fee  to  visitors,  and 
the  violation  of  any  such  rules  and  regulations 
shall  be  deemed  a  misdemeanor,  and  publish- 
able  as  such.    {As  a7nended  L.  1892,  Ch.  190). 

§   75.     Mount    Hope    cemetery    fund ; 

how  applied — The  commissioners  of  Mount 
Hope  cemetery  shall  cause  a  fund  to  be  pro- 
vided from  the  receipts  of  the  said  cemeter)-, 
by  appropriating  annually  not  less  than  ten 
per  centum  of  the  gross  receipts,  which  shall 
be  applied,  first,  to  the  payment  of  mortgages 
now  existing  upon  portions  of  the  cemetery, 
and  second,  to  create  a  repair  fund,  which 
shall  not  exceed  fifty  thousand  dollars,  which 
shall  be  invested,  and  as  soon  as  it  is  of 
sufficient  amount,  the  interest  thereof  shall  be 
.  applied  solely  to  the  repairing  of  roads,  lawns, 

hill-sides,  monuments,  abandoned  lots  and 
public  grounds,  and  such  repair  fund  shall 
never,  under  any  pretext  or  evasion,  be  diverted 
from  this  declared  purpose,  and  the  interest 
thereof  shall  be  used  annually  as  hereabove 
directed.  Said  commissioners  may  create  a 
fund  for  perpetual  repairs  of  particular  lots  in 
the   following   manner :     Any  person   may  pay 


City  of  Rochkstkr  339 

Old  Charter 


to  the  commissioners  of  Mount  Hope  cemetery 
a  siyn  of  money  deemed  sufficient  by  said  com- 
missioners, for  the  purpose  of  keeping  in  order 
any  lot  or  parcel  of  land  in  such  cemetery  ; 
and  thereafter  the  interest  obtained  on  such 
sum,  from  time  to  time,  as  occasion  may  re- 
quire, shall  be  expended  on  such  lot  or  parcel 
of  land  for  the  purpose  of  keeping  the  same  in 
repair  by  or  under  the  direction  of  the  com- 
missioners of  said  cemetery.  'Ihe  commis- 
sioners shall  pay  such  sums  paid  to  them  to 
the  treasurer  of  the  city  of  Rochester,  who 
shall  immediately  deposit  said  sums  of  money 
in  such  savings  bank  or  banks  or  trust  com- 
panies as  the  commissioners  of  said  cemetery 
shall  direct,  which  moneys  shall  be  kept  in 
special  deposit,  on  interest,  apart  from  all 
other  moneys  belonging  to  Mount  Hope  ceme- 
tery. No  part  of  such  deposits  except  the 
interest  which  shall  accrue  on  such  moneys 
shall  be  drawn  from  such  savings  banks  or 
trust  companies  except  for  permanent  invest- 
ment in  registered  bonds  of  the  I'nited  .States, 
the  .state  of  New  \'ork,  the  county  of  Monroe, 
or  the  city  of  Rochester  ;  and  such  bonds  shall 
be  registered  in  the  name  of  the  said  treasurer 
and  of  the  commissioners  of  Mount  Hope 
cemetery.  All  moneys  drawn  from  any  savings 
bank  or  trust  company,  from  said  perpetual 
repair  fund  shall  be  drawn  by  check  signed  by 
the  treasurer,  and  countersigned  by  a  majority 
of  the  commissioners  of  Mount  Hope  ceme- 
tery, and  not  otherwise.  To  each  person 
making  any  such  payment  or  deposit  for  the 
purpose  of  keeping  any  lot  in  repair  in  Mount 
Hope  cemetery,  the  treasurer  shall  give  a 
certificate  signed  by  himself  and  by  a  majority 
of  the  commissioners  of  Moiuit  Hope,  and  by 
the  city  clerk,  and  to  which  the  city  seal  shall 
be  attached,  which  certilicate  shall  state  the 
amount  of  the  deposit,  the  name^of  the  person 
making  the  tleposit.  a  description  of  the  lot  for 
which  the  deiiosit  is  made  and  a  covenant  on 
the  part  of  said  citv  that   the   interest  of  said 


84(1  Charier   Law  of  thk 

Old  Charter 


deposit  thereafter,  from  time  to  time,  as  occa- 
sion may  require,  sliall  be  expended  on  said 
lot  by  said  commissioners  for  the  purpose  of 
keeping  said  lot  in  repair,  and  the  commis- 
sioners of  said  cemeteiy  and  the  city  clerk 
shall  keep  a  record  of  such  certificates  issued. 
But  in  no  event  shall  the  city  of  Rochester 
ever  be  liable  to  repay  the  principal  paid  into 
said  perpetual  repair  fund.  The  said  commis- 
sioners are  hereby  authorized  and  empowered 
at'any  regular  or  special  meeting  of  their  said 
board,  by  resolution,  to  divide  the  whole  or 
any  part  of  the  lands  now  belonging  to  or 
which  may  hereafter  be  purchased  for  the  pur- 
poses of  said  cemetery,  into  such  definite  sec- 
tions or  parts  as  said  commissioners  may 
designate  and  determine ;  and  each  of  said 
sections  or  parts  shall  have  such  a  name  and 
such  boundaries  as  the  said  commissioners 
shall  determine.  Said  resolution  shall  desig- 
nate the  boundary  lines  of  each  of  said  sec- 
tions or  parts  and  the  name  by  which 
each  of  said  sections  or  parts  shall  be 
known,  and  shall,  when  dul}'  passed,  to- 
gether with  the  date  of  its  passage  be 
recorded  in  a  book  to  be  kept  by  or  under 
the  control  of  said  commissioners  for  that  pur- 
pose ;  and  when  said  resolution  shall  be  duly 
recorded  in  said  book  the  same  shall  be  sub- 
scribed by  said  commissioners  or  a  majority 
thereof.  A  copy  of  said  resolution  together 
with  the  date  of  its  passage,  duly  certified  by 
said  commissioners  or  a  majority  thereof  to  be 
correct,  shall  be  immediately  filed  by  said 
commissioners  in  the  oftice  of  the  clerk  of  the 
city  of  Rochester,  and  shall  also  be  recorded 
by  said  clerk  in  a  book  to  be  kept  by  him  for 
that  purpose.  Said  commissioners  are  hereby 
authorized  and  empowered  to  create  a  fund  to 
be  known  as  the  ''  special  section  fund,"  for 
the  care  of  the  lots  in  any  definite  section  or 
part  of  said  ce^netery  which  may  be  designated 
by  said  commissioners  as  hereinbefore  pro- 
vided.    Said  fund  shall  be  created  by  appro- 


i 


City  of  Rochester  341 


Old  Charter 


priating  annually  a  sum  not  exceeding  twenty 
per  centum  of  the  gross  receipts  from  the  sales 
of  the  lots  in  such  definite  section  or  part,  and 
shall  be  used  only  for  the  care  of  the  surface 
of  said  lots  in  such  definite  section  or  part, 
but  not  for  the  erection  or  care  of  mounds  or 
other  structures  above  the  general  surface  of 
the  ground.  Said  "  special  section  fund  "  shall 
be  invested  in  the  same  manner  as  other  trust 
funds  of  said  cemetery  are  invested  and  shall 
never  be  diverted  from  its  declared  purpose. 
Whenever  the  city  of  Rochester  shall  by  deed 
convey  any  lot  or  portion  of  said  cemetery  for 
burial  purposes,  which  said  lot  or  portion  shall 
be  included  in  any  part  or  section  designated 
by  said  commissioners  as  hereinbefore  pro- 
vided, said  deed  shall  contain  an  agreement 
on  the  part  of  said  city  that  the  part  of  said 
"special  section  fund  '*  applicable  thereto  shall 
be  applied  to  the  care  of  the  lands  described 
in  said  deed,  as  hereinbefore  provided.  (As 
amended  I..  1903.  Ch.  117). 

*?  76.  Disposition  of  cemetery  mon- 
ies— The  city  treasurer  shall  recei\e  and 
deposit  in  one  or  more  of  the  savings 
banks,  or  the  trust  and  safe  deposit  companies 
in  the  city,  of  good  standing,  all  moneys  from 
the  sale  of  lots  and  other  sources,  and  also 
all  penalties  collected  for  violations  of  city 
ordinances  in  relation  to  Mount  Mope,  and 
shall  pay  all  expenses  incurred  at  Mount  Hope, 
by  making  his  check  upon  such  savings  banks, 
or  the  tru.st  and  safe  deposit  companies,  which 
check  in  all  cases  shall  be  countersigned  by 
two  or  more  commissioners.  The  city  treas- 
urer may.  under  the  direction  and  with  the 
consent  of  said  board  of  commissioners,  invest 
any  of  said  moneys  in  bonds  of  the  city  of 
Rochester,  county  of  Monroe,  or  state  of  New 
York.      {As  amended  L.  1894.  Ch.  28). 

?j  77.  Deeds  of  cemetery  lots;  com- 
pensation of  commissioners  ;  devises, 
etc.—  All     deeds     and    convevances    of     lots 


342  Charter  Law  of  thk 

Old  Charter 

shall  be  executed  by  the  mayor  and  city  clerk 
and  countersigned  by  the  treasurer,  and  re- 
corded in  the  city  clerk's  office.  The  com- 
missioners of  Mount  Hope  cemetery  shall 
receive  no  compensation  for  their  services, 
and  shall  make  an  annual  report,  under  oath, 
to  the  common  council,  at  its  last  meeting  in 
each  year,  of  their  receipts  and  expenditures 
and  of  all  matters  committed  to  their  charge. 
The  said  commissioners  may  take  by  any 
devise,  bequest  or  grant  from  the  owner  or 
owners  of  any  lot  in  said  cemetery,  or  a  part 
thereof,  and  shall  thereafter  own  the  same,  in 
trust  to  the  extent  and  in  the  manner,  and  for 
the  purpose  specified  in  and  by  the  deed,  will 
or  other  conveyance  by  which  the  trust  is 
created,  and  such  lot,  or  part  thereof,  shall 
thereafter  be  forever  inalienable  in  any  man- 
ner, except  as  may  be  otherwise  provided  by 
said  owner,  or  owners,  in  his  or  their  lifetime, 
and  the  said  commissioners  shall  thereafter 
permit  the  interment  of  only  such  person  or 
persons,  or  class  of  persons,  in  such  lot  or 
portion  as  may  be  designated  by  said  owner 
or  owners,  in  his  or  their  said  lifetime.  (As 
amended  L.  1897,  Ch.  784). 

§  219.  Mount  Hope  cemetery  prop- 
erty exempt  from  taxes,  assessments  and 
executions — Mount  Hope  cemetery,  and  all 
lots  and  plats  therein,  which  have  been,  or 
shall  hereafter  be,  conveyed  by  the  corpora- 
tion of  said  cit}',  as  places  for  the  burial  of  the 
dead,  shall  forever  be  exempt  from  taxation, 
and  from  assessments  for  the  improvement 
thereof,  or  for  any  purpose  whatever,  and  shall 
not  be  liable  to  be  sold  on  execution,  or  be 
applied  to  the  payment  of  debts,  by  any  assign- 
ment under  any  insolvent  law,  or  by  any  com- 
pulsory process  of  law.     (Z.  1880,  Ch.  14). 

Act  authorizing  common  council  to  acquire 
land  for  cemetery  purposes — I..  iSCj^,  Cli.  727; 
anieiultd  L.  1870,  Cli.  760;  §§  i  and  z  re-enacted 
L.  1873,  Ch.  452;  amended  L.  1875,  Ch.  206;  L. 
1892,  Ch.  51S;   L.  1898,  Ch.  543. 


City  ok  Rochester  343 

Old  Charter 


See  People  ex  rel.  Oak  Hill  Cemetery  Assn.  vs. 
Pratt.  129  N.  Y.  68. 

Provisions  of  Old  Charter  as  to  acquiring 
lands  for  Alt.  Hope  cemetery  by  purchase  or 
condemnation     proceedings  —  §§     173-189,    this 

IxH.k,  ])]).   223-235. 

Act  preventing  sale  of  cemetery  lands  not 
to  apply  to  Rochester — L.  1879,  Ch.  310. 

Cemeteries  incorporated  under  L.  1847, 
Ch.  133,  not  exempt  from  assessments  for 
local  improvements — Buffalo  City  Cemetery  vs. 
Huftalo,  4O  N.  \'.  506;  .same  title,  43  Hun  127, 
affirmed  1 18  N.  V.  61. 

Removal    of    remains   from   cemetery  of  a 

religious     corporation   —    Religious      Corporations 
J -aw.  {;  8. 

Act  authorizing  removal  of  remains  from 
Brighton  cemetery  to  Mt.  Hope— L.  1893. 
Ch.  228. 

Note — The  first  interment  in  Mt.  Hope  cemetery 
was  on  August  18,  1838,  but  the  cemeter)' wa.s  not 
dedicated  till  October,  1S38,  at  which  time  a  consecra- 
tif)n  service  was  read  by  Dr.  Whitehouse,  of  St.  Luke's 
church,  and  the  Rev.  Pharcellus  Church,  of  the  First 
Baptist  cliurch,  delivered  an  address. 


MUNICIPAL    CODE 


OF    THE 


City  of  Rochester 


Special  Laws 


CONTENTS    SPECIAL    LAWS 

Pac;hs 

Annual  Financial    Kkports,      .         .         -         .         .  347-34,S 

Akmoky.  -  -  -  -  -  -  -  -  34^-349 

(I'lv   Hall,  -         -         -         -         -         -         -         -  349 

Coal.        -  -  -  -         -         -         -         -         -  349-353 

•>w-^- 353-357 

FiKK   Department,  .--.-.  357-367 

Oenesee  River,  -_.-...  367-370 

Memorial   Day,        -------  37^^37 ' 

Midwifery.  --------  371-373 

Monroe  Col'N^^    I'enitentlaky,      -         -         -         -  373-37^ 

Parks.  ---------  376-399 

Police   Depakimen  i  .        ------  399-406 

PniiLK    Makkei.  -..-•--  406-413 

Rewards.  -.--.-..  413-414 

RoCHE.vrER  AM)  (Iknksek  \'\li.ia    I\\ili<()ai)  Co'.s.  Stock,  414 

Schools.  --------  414-422 

Sewers.         ---------  422-452 

I'aXES    and    ASSESSMENIS,  -----  452-467 

Water  Works.    --------  467-487 

Misc  El  I  ANEOis  Ac  IN    Kelaitnc.  TO  Canals,   Etc".,  487    48.S 


SPECIAL    LAWS 

NOTK WriH     THE    Sl'EClAI.      I,A\VS      KKI,AIIN<i      lo      1  HK    CITY     OF 

1<(HHKSTKK    PRINTED  BELOW    ARE    INCLUDED  CERTAIN   ACTS    AFKKCTINC. 
I  IIIKS    OF     THE    SKCOND    CLASS. 

ANNUAL  FINANCIAL  REPORTS 

An   Act  to  i'Rovidk  for  annual  reports  hv  cities  of  riii;  second 

AND    THIRD    CLASS    OF     IHEIR     FINANCIAL    CONDITION.       (/.      I903. 

Ch.  347). 

Section  i.  Contents  of  report — Kvery  city  of  the  second 
or  third  class  shall  annuall\-  within  sixty  days  after  the  close  of  its 
fiscal  year,  make  a  report  of  its  financial  condition  to  the  secretary  of 
state.  Such  a  report  shall  contain  (  i  )  an  accurate  statement  in  sum- 
marized £f)rni  and  also  in  detail  of  tiie  financial  receipts  of  the  city 
from  all  sources  for  the  last  fiscal  year:  (2  )  a  statement  in  detail  of 
the  debt  of  said  city  at  the  close  of  the  last  fiscal  year,  the  nature 
thereof  and  the  purposes  for  which  it  was  incurred:  (3)  and  such 
other,  further  or  more  specific  information  in  relation  to  the  cost  of 
any  branch  of  the  municipal  service  or  any  improv  i-mcnl  therein,  as 
may  be  re(|uired  l)y  the  secretary  of  state. 

>;  2.  Chief  fiscal  officers  shall  make  report  The  secretary 
of  state  shall  annually  before  the  close  of  its  iiscal  year  and  as  much 
earlier  as  practicable,  furnish  to  the  chief  fiscal  oflicer  of  even*  such 
city,  tc)  the  mayor  thereof  \\\m\  to  e\ery  officer  or  board  therein  hav- 
injj;  charge  of  receipts  and  expenditures  for  any  branch  of  the  munici- 
pal ser\ice,  independently  of  the  mayor  and  council  of  such  citv. 
printed  blanks  and  forms  on  whidi  shall  be  indicated  the  inform. ition 
recpiired  accordini,^  to  the  provisions  of  this  act,  together  with  suitable 
printed  instructions  as  to  tilling  the  same.  The  mayor  and  chief  fiscal 
officers  shall  each  make  a  separate  report  of' the  financial  condition  of 
his  city  according  to  the  provisions  of  this  act,  to  the  secretary  of 
state,  and  duly  verify  the  same.  In  case  there  is  an  officer  or  board 
having  charge  of  some  branch  of  the  municipal  service  as  aforesaid. 


348  St'KtiAi.   Laws  ok    ihk 

the  secretaiT  of  such  boartl.  il  tliere  be  a  secretary,  and  if  not,  then 
the  president  thereof,  shall  niake,  if  required  by  the  secretary  of  state, 
a  verilied  report  as  to  thai  branch  of  the  municipal  service  of  which 
it  has  charge.  All  or  less  than  all  of  such  officers  may  unite  in 
making  a  joint  verified  report  instead  of  separate  reports.  If  any 
such  report  shall  not  contain  the  information  required  by  the  secretar\- 
of  state,  under  the  provisions  of  this  act,  he  nia\-  submit  a  further 
request  or  requests  to  any  of  said  officers  therefor,  and  it  shall  be  their 
duty  to  furnish  the  same  without  delay.  Any  officer  required  to  make 
a  report  under  the  provisions  of  this  act  who  shall  wilfully  neglect  and 
refuse  to  make  the  same,  or  wilfully  withhold  or  suppress  any  infor- 
mation required  by  this  act  to  be  set  forth  in  a  report,  shall  be  guilty 
of  a  misdemeanor. 

5?  3.      When    in   effect — This  act  shall  take  effect  inunediately. 


ARMORY 

An  Act  authokizinc;  thk  cn'\'  of  Rochkstkk  to  accjuikk  and 
transfer  to  the  .state  a  site  in  such  city  for  the  erec- 
tion of  an  armory  thereon,  for  the  u.se  of  the  national 
Guard  and  Navai.  Militia    in    such  city,  and    to   receive 

IN    exchange    therefor    THE    PRESENT     ARMORY    IN     SUCH    CITY 
NOW    OWNED    HY     THE    STATE.       (Z.    I  898,    Ch.   567). 

Section    i.     Common    council   may  acquire  armory  site — 

The  common  council  of  the  city  of  Rochester  is  hereby  authorized  to 
acquire  a  site  in  such  city  suitable  for  the  erection  thereon  of  a  state 
armory  ff)r  the  use  of  the  National  Guard  and  Naval  Militia  in  sucii 
city;  and  to  cause  the  expense  thereof  to  be  levied  and  collected  upon 
the  property  in  such  city  subject  to  taxation  in  the  same  manner  as 
other  city  taxes  are  levied  and  collected.  Upon  the  acquisition 
of  such  site,  the  mayor  of  such  city  when  duly  authorized  by  a  reso- 
lution of  the  common  council,  shall  in  behalf  of  the  city  cede,  tran.s- 
fer  and  convey  such  property  to  the  state  of  New  York,  but  no  such 
conveyance  shall  be  valid,  unless  the  site  for  such  armory  shall  be 
approved  by  a  commission  consisting  of  the  adjutant-general,  the 
inspector-general  and  the  chief  of  ordnance,  nor  unless  the  title  to 
such  property  shall  be  certified  by  the  attorney-general  to  be  free  from 
all  incumbrances,  and  that  the  conveyance  thereof  is  in  due  form  and 


CiTV    OK     RocUKSTKK  84M 

vests  the  title  of  the  property  in  the  people  of  the  state  of  New  York. 
Upon  such  transfer  beinf^  made  as  provided  hv  this  act.  and  such 
site  having  been  accepted  by  the  armory  commission  aforesaid,  the 
comptroller  of  the  state  shall  convey  to  the  city  of  Rochester  in 
exchange  for  such  armory  site  and  in  full  compensation  therefor  the 
present  armory  property  in  the  city  of  Rochester,  owned  by  the  state, 
located  on  Wood  street  in  such  city.  I'he  common  council  of  the 
city  of  Rochester  may  provide  that  the  armory  property  located  on 
Wood  street  in  such  city,  if  conveyed  to  the  state  by  the  city  in 
pursuance  of  this  act,  shall  be  applied  to  such  municipal  purposes  as 
to  the  common  council  shall  seem  be.st ;  but  until  the  state  has  pro- 
vided other  armor)-  facilities  in  such  city  for  the  use  of  the  National 
Guard  and  Naval  Militia,  the  conniion  council  shall  rent  such  armory 
property  to  the  state  of  New  York  at  such  annual  rental  as  may  be 
agreed  upon  between  the  common  council  of  such  city  and  a  com- 
mi.ssion  consisting  of  the  adjudant-general,  the  inspector-general  and 
chief  of  ordnance. 

§    2.      When   in   effect  This  act  shall  lake  effect  immediatelv. 


CITY  HALL 

An     Aci'    IN     RELATION     lO    THK    KRKCTION    OK    I'UKI.IC    HUH. DINGS    KOK 
THK    USK    OF    THK    CITY    OK    RoCHK.STKR.       (Z.    1872    Ch.   2ig). 

L.  1872,  Ch.  219,  held  constitutional— I'eoplt-  ex  lel.  Haytien  vs.  City 
111    kochfsler.   ^o  N.  \.  ^25. 

COAL 

NoTK — The  provisions  of  the  tleneral  City  l-aw  (/..  hjoo.  Ch.  527).  a.s  to 
the  sale  and  delivery  of  coal  in  cities  of  the  second  class,  arc  as  follows  : 

§  150.  Attempting  to  deliver  or  sell  less  than  a  legal 
ton  in  all  transactions  relating  to  the  sale  or  delivery  of  coal  two 
thousand  avoirdupois  pounds  in  weight  shall  constitute  a  legal  ton. 
A  person,  linn  or  corporation,  in  a  city  of  the  lirst  or  second  class 
attempting  to  sell  or  deliver  less  than  two  thousand  pounds  by  weight 
to  a  ton  of  coal,  or  a  proper  proportion  thereof  to  quantities  less  than 
a  ton,  shall  be  liable  to  a  penalty  of  not  exceeding  tifty  dollars,  pro- 
vided that  in  all  cases  thirt)-  pounds  to  a  ton  shall  be  allowed  for  the 
variaticMi  in  scales  and  wastag;c. 


350  Spkciai.   Laws  ok  hik 

$  151.  Delivery  tickets — It  shall  be  unlawful  for  any  person, 
tirni  or  corporation  delivering  coal  in  cities  of  the  first  or  second  class 
to  deliver  or  cause  to  be  delivered  any  quantity  or  quantities  of  coal 
which  shall  have  been  sold  by  weight,  without  eacii  such  delivery 
being  accompanied  by  a  delivery  ticket,  and  a  duplicate  thereof,  on 
each  of  which  shall  be  in  ink,  or  other  indelible  substance,  distinctly 
expressed  in  pounds  the  quantity  or  quantities  of  coal  contained  in 
the  cart,  wagon  or  other  vehicle  used  in  such  deli\ery,  with  the  name 
of  the  purchaser  thereof  and  the  name  of  the  dealer  from  whom 
purchased.  One  of  such  tickets  shall  be  delivered  to  the  purchaser 
of  the  coal  specified  thereon,  and  the  other  of  such  tickets  shall  be 
retained  by  the  seller  of  the  coal.  Any  person,  firm  or  corporation 
who  shall  violate  the  provisions  of  this  section  shall  be  liable  to  a 
penalty  of  not  exceeding  fifty  dollars. 

ii  152.  Delivery  of  entire  cargo  The  preceding  section 
shall  not  apply  to  coal  delivered  by  the  entire  cargo  direct  from  the 
vessel  containing  the  same  to  one  destination  and  accepted  by  the 
purchaser  on  the  original  bill  of  lading  as  proof  of  weight ;  but  with 
every  such  delivery  of  an  entire  cargo  of  coal  in  any  cit)'  of  the  first 
or  second  class,  there  shall  be  delivered  to  the  purchaser  thereof  one 
of  the  original  bills  of  lading,  issued  by  the  person,  firm  or  corporation 
by  whom  the  coal  was  loaded  into  the  vessel  from  which  such  coal  is 
delivered  to  the  purchaser  of  the  entire  cargo  thereof,  on  each  of 
which  bills  of  lading  there  shall  be  in  ink  or  other  indelible  substance 
distinctly  expressed  the  date  and  place  of  loading  such  cargo,  and  the 
number  of  pounds  contained  therein.  Any  person,  firm  or  corporation 
who  shall  x'iolate  the  provisions  of  this  section  shall  he  liable  to  a 
penalt\'  of  not  exceeding  tiftv  dollars. 

^  153.  Designation  of  scales — There  may  be  designated  by 
the  respective  mayors  of  the  cities  of  the  first  and  second  class, 
stationary  or  movable  scales,  suitable  for  the  purpose  of  weighing 
coal,  the  owners  of  which  may  tender  the  same  for  public  use  in 
different  parts  of  the  city  in  such  convenience  in  number  and  locality 
as  shall  be  deemed  necessary,  on  which  the  coal  or  coal  vehicle,  with 
or  without  coal,  may  be  weighed  at  the  recjuest  of  the  purchaser  of 
the  coal.  'i"he  scales  so  designated  shall  be  pro\ided  at  the  expense 
of  the  owners  thereof,  with  test  weights,  and  shall  be  subject  at  all 


ClTN'    OK     R()(  HFSTEK  351 

times  to  the  inspection  and  supervision  of  the  sealers  or  inspectors  of 
weights  and  measures  in  such  city  who  shall  inspect  such  scales  at 
least  once  in  each  niontii.  Such  scales  shall  also  be  provided  by  the 
owner  thereof  with  a  competent  weighmaster.  The  owner  of  such 
scales  shall  be  entitled  to  charge  for  weighing  coal  and  coal  vehicles 
containing  coal,  at  such  *sales,  a  fee  of  not  exceeding  fifteen  cents 
per  ton  of  coal :  empty  vehicles  returning  to  such  scale  after  deliver)- 
of  the  coal  so  weighed  therein  shall  be  re-weighed  without  further 
charge. 

i^    154.     Right  of    purchasers  to  have   coal    re-weighed 

It  shall  be  the  right  of  every  purchaser  of  coal  in  any  of  the  cities  of 
the  first  and  second  class,  before  accepting  the  deliver)-  of  the  same, 
to  have  any  of  the  delivery  of  such  coal  weighed  at  his  expense,  at 
any  of  the  scales  designated  under  the  provisions  of  the  preceding 
sections,  provided  such  scales  are  within  a  half  mile  of  the  place  of 
loading  or  the  place  of  the  delivery  of  the  coal  and  for  this  purpose 
to  require  that  any  vehicle  containing  coal  purchased  by  him  shall  be 
taken  by  the  driver  or  other  person  in  charge  thereof  to  such  scales 
for  the  purpose  of  having  I  he  same  weighed,  and  after  the  deliver)'-  of 
the  coal  to  rec|uire  that  the  vehicle  from  which  such  coal  so  purchased 
shall  have  been  delivered  shall  be  taken  by  the  driver  thereof,  or  any 
other  person  in  charge  thereof,  to  such  scales  to  be  weighed  at  the 
expense  of  the  purchasei  thereof,  and  a  certificate  of  the  weight  of 
such  coal,  so  weighed  as  aforesaid  shall  thereupon  be  furnished  to  the 
purchaser  of  such  coal  by  the  owner  of  the  scales  at  which  such  coal 
is  so  weighed. 

5i    I  :;  V      Penalty  for  refusal  to  permit  coal  to  be  \Neijj;hed 

The  refusal  of  an\  seller  of  coal  to  permit  coal  purchased  from  him 
to  be  re-weighed  at  the  request  of  the  j^urchaser  thereof,  as  aforesaid, 
or  any  dri\-er  or  other  person  in  charge  of  a  vehicle  containing  coal, 
or  from  which  roal  has  been  delivered,  to  lake  the  same  at  the  request 
of  the  purciiaser  to  such  scale  or  such  scales  for  the  purpose  of 
having  the  same  weighed,  provided  however  that  the  purchaser  of 
such  coal  shall  ha\e  first  paid  the  owners  of  the  scales  or  to  the 
seller  of  such   coal  or   to  the  drixer  or  other  person  in   charge  of  the 

*So  in  session  l.uvs.      !^lioiilci  read  "  scales.  " 


852  Si'KciAi.   Laws  ok    ihk 

vehicle  containing  such  coal,  an  amount  sufficient  to  meet  the  charges 
for  weighing  such  coal,  shall  render  the  person,  firm  or  corporation 
selling  the  coal  liable  to  a  penalty  not  to  exceed  fifty  dollars. 

^  156.  Owner  of  scales  to  give  bonds  The  owner  of  such 
scales  so  designated,  shall  enter  into  a  bond  with  the  city  in  which 
such  scales  are  situated,  in  the  sum  of  five  hundred  dollars  with  two 
sufficient  sureties,  conditioned  that  such  scales  shall  be  kept  in  such 
condition  as  at  all  times  to  properly  register  the  weight  of  coal, 
and  that  the  person  weighing  coal  thereat  shall  perform  his  duties 
faithfully,  and  furnish  correct  certificates  to  all  persons  having  coal 
or  coal  vehicles  weighed  at  such  scales.  The  amount  of  such  bond 
shall  be  recoverable  at  the  suit  of  the  city  on  proof  that  any  of  the 
conditions  thereof  have  not  been  complied  with. 

§  157.  Publication  of  desig^nation — I'he  designation  of  scales 
shall  be  in  writing  signed  by  the  mayor  of  the  city  in  which  such 
scales  are  situated,  and  a  copy  thereof  inserted  in  any  official  publica- 
tion in  such  citv,  and  if  there  be  none  in  a  newspaper  published 
therein. 

§  1 5<S.  Penalty  for  fraudulent  weighing-  .\n\  owner  of  such 
scales  or  any  agent  or  representative  of  his,  or  any  weighmaster  em- 
ployed by  him  thereat,  who  shall  be  in  any  manner  concerned  in  any 
fraudulent  weighing  of  coal  at  such  scales,  shall  be  guilty  of  a  mi.sde- 
ineanor  and  shall  be  punishable  by  fine  of  not  exceeding  five  hundred 
dollars  or  bv  imprisonment  for  one  vear,  or  by  both  such  fine  and 
imprisonment. 

§  I  5(;.  ()v\  ner  of  scales  to  keep  memorandum  book  luery 
owner  of  such  scales  shall  keep  a  book  in  which  shall  be  entered  in 
ink  a  memorandum  of  every  load  of  coal  weighed  at  such  scales, 
showing  the  name  of  the  person,  firm  or  corporation  delivering  such 
coal,  the  net  weight  thereof  as  shown  by  the  delivery  ticket  thereof  of 
such  person,  firm  or  corporation,  the  name  of  the  purchaser  thereof, 
the  gross  and  net  weight  of  the  coal  .so  weighed,  and  the  date  of 
weighing.  Such  book  shall  be  the  book  of  original  entries,  and  all 
certificates  delivered  by  the  owner  of  such  scales  shall  be  copies  of 
the  entries  contained  therein,  and  such  books  shall  at  all  reasonable 
hours  be  open  to  the  inspection  of  any  citizen. 


C!lTY    OK     kOCHKSTKK  353 

5?  1 60.  Recovery  and  disposition  of  penalties  The  penalties 
provided  in  (his  article  shall  be  recoverable  at  the  suit  of  the  city  in 
which  such  penalties  are  incurred,  and  the  amount  so  collected,  as 
well  as  any  amount  collected  in  suits  brought  to  recover  the  amounts 
due  on  bonds  given  under  the  provision  of  this  article,  shall  be  paid 
over,  one-half  to  any  police  pension  or  relief  fund  in  such  city,  and 
one-half  to  any  firemen's  pension  or  relief  fund  therein. 

§    161.     Bills    of    lading;    penalty   for  altering!: — A    person 

guilty  of  altering  with  intent  to  defraud,  any  original  Ijill  of  lading 
issued  by  the  person,  firm  or  corporation  by  whom  the  coal  was 
loaded  into  the  vessel  in  which  such  coal  is  transported  to  any  city 
of  the  first  or  second  class,  in  this  state,  or  of  uttering  any  such  bill 
of  lading  .so  altered,  or  who  is  guilty  of  making,  preparing  or  sub- 
scribing or  uttering  a  false  or  fraudulent  manifest,  invoice  or  bill  of 
lading  thereof,  or  removing  any  part  of  such  cargo  of  coal  without 
having  the  amount  thereof  certified  to  in  writing  on  such  original  bill 
of  lading,  by  the  person,  firm  or  corporation  receiving  the  coal  so 
removed,  and  by  the  captain  of  the  vessel  containing  such  cargo,  is 
punishable  by  imprisonment  in  a  state  prison,  not  exceeding  three 
years  or  by  a  fine  not  exceeding  one  thousand  dollars,  or  both,  and 
the  delivery  of  any  fraudulent  bill  of  lading  to  any  purchaser  of  coal 
shall  be  presumptive  evidence  of  uttering  the  same  with  criminal 
intent. 


DOGS 

An     Acr     ro    i'ko\ii>K    kok     niK    i.kknsi.m;   ok    |)(m;s    i.n    iiiils   ok 

THK  SKCONl)  I  l..\SS.  H)R  I  UK  CARE  .AND  l-KOrKCTION  OK  LOST, 
.STRAVKn  AND  UO.MKI.KSS  DOOS,  KOR  SKCURINC.  AND  l'ROTKCTlN(; 
THK  RKllITS  OK  TlIK  OWNKKS  THKRKOF,  AND  KOR  TMK  I'RO- 
TKCTION    OK     rHK    IMIUIC.       (  /,.    I902.   Cfl.    294). 

.Section  1.  License  fee  iCvery  |)erson  who  owns  or  harlM)rs 
any  dog  within  the  corporate  limits  of  any  city  of  the  secontl  class 
who  desires  to  maintain  or  preserve  any  right  of  property  in  such  dog 
must  procure  yearK  a  license  for  the  dog  so  owned  or  harbored  and 
shall  pay  therefor  the  sum  of  oni'  floUar. 


354  Si'Kt  lAi,  Laws  ok    iiik 

ij   2.     Unlicensed  dojjs  not  to  be  onn  ned  or  to  run  at  large — 

It  shall  be  unlawful  hereafter  for  any  doj;  to  be  owned,  possessed  or 
harbored,  or  to  run  or  be  at  large  in  any  of  the  streets,  alleys,  parks 
or  public  places  within  the  corporate  limits  of  any  city  of  the  second 
class,  without  beiuL;  (hilv  licensed  and  wearinj;  the  metal  tag  as  herein 
provided. 

5?  3.  Licenses;  by  whom  granted — The  license  shall  be 
granted  upon  application  to  the  city  clerk,  shall  be  signed  by  the 
mayor's  clerk  and  shall  continue  in  force  until  the  first  day  of  May 
next  ensuing  after  its  issue.  Every  person  receiving  such  license 
shall  pay  the  license  fee  hereinbefore  mentioned  to  the  city  clerk,  who 
shall  daily  deposit  the  sums  of  money  so  received  with  the  treasurer 
of  the  city. 

>i  4.  Description  of  dog — In  applying  for  such  license,  the 
owner  shall  slate  in  writing  the  name,  sex,  breed,  age,  color  and 
marking  of  the  dog  for  which  a  license  is  to  be  procured. 

?  :;.  Collar  to  be  worn — Every  dog  so  licensed  must  wear 
around  its  neck  a  collar  to  which  shall  be  attached  a  metal  tag,  dis- 
tinctly marked  with  the  year  in  which  the  same  is  issued,  and  a 
number  designated  by  the  city  clerk,  which  number  shall  be  stated  in 
the  license  granted.  .Such  metal  tag  shall  be  furnished  by  the  city, 
and  the  use  of  any  other  tag  as  a  substitute  therefor  shall  be  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  hft\-  dollars,  or  by  imprisonnu-nt  for  not  less  than  fifty  days,  or 
by  both  such  fine  and  imprisonment. 

?  6.  Record  of  licenses — The  city  clerk  shall  keep  in  a  book 
to  be  provided  for  that  purpose  a  record  of  all  dog  licen.ses  granted, 
with  the  name  and  residence  of  the  person  to  whom  issued,  and  the 
numl)er  designated  upon  the  metal  lag  furnished  iherewitii. 

§  7.  Term  and  renewal  of  license — Licenses  granted  under 
the  provisions  of  this  act  shall  date  from  the  first  day  of  May  in  each 
year,  and  must  be  renewed  on  expiration  by  the  payment  of  one 
dollar  for  each  renewal.  The  certificate  of  license  or  renewal  shall 
be  granted  upon  a  similar  application  to  that  made  in  applying  for 
the   original    license,   and    shall   state  the   name   and   address  of  the 


Cnv    ol     ROCHKSTKK  855 

owner  of  the  dog  and  also  the  number  of  such  license  (jr  renewal. 
No  license  shall  be  transferred  without  the  consent  of  the  c\W  clerk 
endorsed  thereon. 

{^  8.  Seizure  of  unlicensed  dogs— It  shall  be  lawful  for  any 
peace  officer  or  any  person  duly  authorized  in  writing  by  the  mayor 
or  for  the  poundmaster  or  any  of  his  duly  authorized  assistants,  or  for 
the  duly  authorized  representatives  of  a  person  or  corjjoration  under 
contract  with  the  city,  to  capture,  seize  and  deliver  to  the  public 
pound  or  any  suitable  place  to  be  approved  by  the  mavor  any  dog 
found  running  at  large  in  any  of  the  streets,  alleys,  parks  or  public 
places  within  any  city  of  the  second  class,  not  licensed,  and  not  wear- 
ing the  metal  tag  as  pro\ided  b\-  this  act. 

>j  9.  Possession  of  dog,  how  resumed — Any  dog  so  seized 
and  impounded  may  be  redeemed  by  any  person  producing  the  license 
thereof,  and  proving  ownership  of  such  dog  within  seventy-two  hours 
after  such  seizure  and  impoundage.  If  it  shall  be  shown  that  the 
license  so  produced  was  issued  prior  to  the  time  when  such  dog  was 
so  seized  or  impounded,  no  payment  shall  be  exacted  for  the  return 
of  the  dog;  otherwi.se,  before  the  owner  shall  be  permitted  to  resume 
possession  of  the  said  dog,  he  shall  pay  the  sum  of  two  dollars  to  the 
city  clerk  who  shall  thereupon  issue  an  order  directing  the  return  of 
such  dog  to  the  owner.  All  sums  of  nionev  so  received  shall  be 
deposited  with  the  city  treasurer  in  like  manner  as  the  license  fees 
hereinbefore  provided  for.  If  the  owner  of  a  dog  seized  or  im- 
pounded under  the  provisions  of  this  act  does  not  resume  its  posses- 
sion by  compliance  with  the  foregoing  provisions  within  seventy-two 
hours  after  the  seizure  and  imi)on?id:ng  thereof  he  shall  forfeit  all 
right  of  property  in  such  dog. 

<}    ID.     Person   harboring  dog  deemed   onn  ner-    Any  person 

owning  or  harboring  a  dog  tor  three  <(iiis.(  nti\  c  d.ivs  shall  bi-  deemed 
to  be  the  owner  thereof. 

5?  I  I.  Mayor  may  prohibit  dogs  from  running  at  large 
— Whenever  the  mayor  of  any  city  of  the  second  class  shall  deem  it 
necessary  for  the  protection  of  the  public,  he  shall  issue  an  order 
prohibiting  for  a  certain  time  therein  specified,  any  or  all  dogs  from 
running  at  large  in  any  public  street   or   place  within  such  citv.  nnle.ss 


Jiofi  Sima  I. a  I,   Laws  ok    riiK 

such  dogs  be  securely  inu/zlccl  or  led  by  a  line  or  chain,  so  as  to 
effectually  prevent  them  from  biting  any  person  or  animal.  Such 
order  shall  be  published  in  the  official  newspapers  of  the  city  for  such 
time  as  such  mayor  shall  deem  necessary. 

§  12.  Interference  with  officer  or  other  person — No  per- 
son shall  molest  or  interfere  in  any  wa\  with  any  peace  officer,  pound- 
master  or  any  of  his  duly  authorized  assistants,  or  with  the  duly 
authorized  agents  of  any  person  or  corporation  under  a  contract  witli 
a  city  while  engaged  in  performing  work  under  the  provisions  of  this 
act.  A  violation  of  the  provisions  of  this  section  shall  be  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  twenty-five  dollars,  or  by  imprisonment  for  not  less  than 
twenty-five  days,  or  by  both  such  tine  and  imprisonment. 

§  13.  Dog  kennels — The  poundmaster,  under  the  direction  of 
the  mayor  of  any  city  of  the  second  class  shall  have  power  to  con- 
struct a  suitable  building  for  a  dog  pound  and  shelter  for  lost,  strayed 
or  homeless  dogs,  the  cost  of  which  shall  be  paid  from  the  license  fees 
collected  under  the  pro\-isions  of  this  act. 

§  14.  Contracts  for  seizing  and  impounding  dogs  The 
mayor  of  any  city  of  the  second  class  instead  of  authorizing  the  con- 
.struction  of  a  building  as  provided  in  the  last  section  may,  in  his  dis- 
cretion, contract  with  an  incorporated  society  for  the  prevention  of 
cruelty  to  animals  having  jurisdiction  in  such  city,  for  the  capture  and 
impoundage  of  all  unlicensed  dogs,  and  for  the  maintenance  of  a 
shelter  for  lost,  strayed  or  homeless  dogs  therein,  provided,  however, 
that  the  compensation  to  be  paid  to  such  person  or  corporation  by 
such  contract  shall  not  exceed  in  any  one  year  the  amount  collected 
by  the  city  from  the  payment  of  license  fees  during  the  current  year 
for  which  such  contract  is  made.  The  mayor  may  prescribe  in  the 
contract  the  manner  in  which  the  work  is  to  be  done  and  in  which 
payments  are  to  be  made  by  the  city  thereunder  and  may  also  direct 
the  disposition  to  be  made  of  any  and  all  dogs  seized  pursuant  to  the 
provisions  of  this  act.  The  mayor  shall  also  have  power  to  order  the 
destruction  of  any  dog  which  he  may  deem  dangerous  or  vicious, 
whether  licensed  or  not,  after  three  days  written  notice  to  and  an 
oppor-tunit)'  to  be  heard  by  the  owner  of  such  dog. 


City  ok   Rot  hkstkk  357 

§  15.  Violation  of  act,  how  punished  Any  person  viola- 
ting any  of  the  provisions  of  this  act,  for  which  no  other  penalty  is 
provided,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
he  punished  by  a  tine  of  not  less  than  five  nor  more  than  ten  dollars, 
or  by  imprisonment  for  not  less  than  ri\e  nor  more  than  ten  days,  or 
by  both  such  line  and  imprisonment. 

*j  16.  Act  not  to  apply  to  certain  dogs — i'he  pro\isions  of 
this  act  shall  not  apply  to  dogs  owned  by  non-residents  passing 
through  any  city  of  the  second  class,  nor  to  dogs  brought  to  any  such 
city  and  entered  for  exhibition  at  any  dog  show. 

§  17.  Repeal — All  laws  and  the  city  ordinances  of  any  city 
of  the  second  class  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  18.  When  to  take  effect — I'his  act  shall  take  effect  on  the 
first  day  of  April,  nineteen  hundred  and  two. 

License  fees  for  dog;s  are  public  moneys  and  cannot  be  directly 
appropriated  to  private  corporations — Fox  vs.  Mohawk  aiul  H.  R.  Humane 

Socifly.  165  N.  \ .  517. 


FIRE    DEPARTMENT 

An    Acr    ro    amknd    .\ni)    consolidaik    riiK    skvkk.m    .m  ts    kkl.\ 

TING  TO  TIIK  "  FiRKMAN's  BkNKVOLKNT  A-SSOlM ATION  OK  ROCH- 
KSTER,"  AND  PHK  "  FiRE  DK.rARTMKNT  OK  THK  CITY  OK 
ROCHK.STER."       (/..     1864.    r//.     140). 

55  I.  Corporators — John  Craigie,  George  H.  Harris,  .Mfred  S. 
Lane,  Joseph  B.  Ward,  L.  Ward  Clarke,  Kgbert  H.  Jennings,  ihomas 
H.  I'ritchard,  Darius  Cole,  Jr.,  George  W.  Par.sons,  Samuel  M.  Stew- 
art, Abram  Karnes,  John  Cowles  and  Richard  (iilbert,  and  their  suc- 
ces.sors,  and  all  such  other  persons  as  now  are,  or  hereafter  may  be, 
engineers  of  the  fire  department  of  the  city  of  Rochester,  or  who  may 
be  members  of  any  company  recognized  by  the  common  council  of 
.said  city,  as  belonging  to  the  fire  department  thereof,  or  who  shall 
have  become  entitled  to,  and  received  their  certificates  of  exemption 
as  firemen   from   the  common   council   of    said  city,   are  hereby  con- 


358  Spkciai.   Laws  oi-    ihk 

slilvited  a  hoch'  corporate  and  politic  .  I)\  the  iiaiuc  of  •'  The  I'irc 
Department  of  the  C'ity  of  Rochester,"  and  by  that  name  shall 
have  perpetual  succession,  and  may  sue  and  be  sued  in  any  court 
whatever. 

5;  2.  Objects  of  corporation  I'he  general  business  and  ob- 
jects of  said  corporation,  shall  be,  to  accumulate  a  fund  for  the  relief 
of  indigent  members  of  said  fire  department,  disabled  while  actually 
doing  duty  as  firemen,  and  of  such  persons  as  shall  have  become  enti- 
tled to,  and  received  their  certificates  of  exemption  as  firemen  from 
the  common  council  of  said  city,  and  also  of  such  persons  as  shall  be 
injured  while  actually  doing  duty,  in  the  employ  of  said  city,  in  man- 
aging or  operating  the  steam  fire  engines,  or  other  fire  apparatus  of 
said  city,  and  of  the  families  of  all  the  aforesaid  persons,  which  fund 
shall  be  appropriated  and  used  in  no  other  manner,  except  as  herein- 
after otherwise  provided. 

55  3.  Powers  and  rights  of  corporation  —  For  the  afore- 
said purposes  said  corporation  shall  have  power  to  take,  hold  and 
convey  real  and  personal  property  to  an  amount  not  exceeding  one 
hundred  thousand  dollars:  and  shall  have  and  be  entitled  to  all  the 
rights  and  benefits  conferred  by  law  upon  the  fire  departments  of  other 
cities  in  this  state.      (.~ts  ajnemhui  /..  iSyr),  C/i.  9). 

§  4.  Trustees;  officers;  quorum  The  persons  particularly 
named  in  the  first  section  of  this  act,  shall  be  the  first  trustees  of  said 
corporation,  who  shall  elect  from  their  number  a  president,  two  vice- 
presidents,  a  secretaiy,  treasurer  and  collector  ;  seven  of  the  said  tru.s- 
tees,  of  whom  the  president,  or  one  of  the  vice-presidents  shall  be  one, 
shall  form  a  quorum  for  the  tran.saction  of  business  ;  and  the  affirma- 
tive vote  of  at  least  six  members  of  the  board  shall  be  requisite  in 
making  any  order  for,  or  authorizing  the  investment  of,  any  moneys,  or 
the  sale  or  transfer  of  any  stock,  securities  or  property,  belonging  to 
the  corporation. 

>|  5.  Vacancies;  duties  of  trustees — All  vacancies  in  the 
board  of  trustees  caused  by  death,  resignation  or  otherwise  shall  be 
filled  by  the  board  by  ballot,  without  unnecessary  delay,  and  at  least 
six  votes  shall  be  necessary  for  the  election  of  any  trustee.  The  said 
trustees  shall  hold  a  regular  meeting  at   least  once  in  each  month,  to 


receive  the  reports  of  tlieir  officers,  as  to  the  business  and  athiirsof  the 
corporation,  and  to  transact  such  business  as  may  be  necessary;  and 
every  trustee  omiltiiii^  to  attend  the  reijular  nieetin<,^s  of  the  board,  for 
six  months  in  succession,  or  iiaving  ceased  to  be  a  resident  of  tlie  citv 
of  Rochester,  may  thereupon,  at  the  ojDtion  of  said  board,  be  consid- 
ered as  havinj,'  vacated  his  phtce,  and  a  successor  may  be  elected  to  till 
the  same,  'i'he  said  trustees  shall  not,  as  such,  directlv  or  indirectlv, 
receive  any  pay  or  emolument  for  their  services. 

S  6.  Power-^  of  trustees — The  business  of  said  corporation 
shall  be  mana<;ed  and  directed  by  said  board  of  trustees.  They  shall 
have  power,  from  time  to  time,  to  make,  constitute,  ordain  and  estab- 
lish, alter  and  amend  such  by-laws,  rules  and  regulations,  as  they  shall 
judge  proper,  for  the  times  and  places  of  holding  their  meetings  for 
the  election  of  their  officers,  for  prescribing  their  respective  functions, 
and  the  mode  of  discharging  the  same,  and  their  compensation,  and 
generally,  for  managing  and  conducting  the  affairs  of  said  corporation, 
provided  such  by-laws,  rules  and  regulations  are  not  repugnant  to  this 
act,  nor  to  the  constition  or  Vaw^  of  thi--  state,  or  of  the  United 
States. 

5?  ;.  Securities  by  officers,  etc. —  The  subordinate  officers 
and  agents  of  the  corporation  shall  respecti\ely  give  such  security  for 
their  fidelity  and  good  conduct  as  the  board  of  trustees  mav  from  time 
1(1   time  reciuire.  ' 

*  S.  Investment  of  moneys  .\11  the  moneys  of  the  ilepart- 
menl  and  corporation,  shall  be  invested  by  said  board  of  trustees,  in 
bond  and  mortgage  upon  unincumbered  real  estate  in  the  county  of 
Monroe,  or  in  the  bonds  of  the  cit\  of  Rochester,  or  of  the  counlv  of. 
Monroe  aforesaid,  or  in  the  stocks  of  the  state  of  New  \ork.  or  of  the 
I'nited    States. 

§  9.  Erection  of  firemen's  monument  ;  burial  lots  ; 
diplomas;    hospital   patients;     limitation    of    expenditures — 

The  said  board  of  trustees  is  hereby  authorized  to  e.xpend  a  sum  of 
money,  not  exceeding  ten  thousand  dollars  in  the  erection  of  a  suitable 
monument  in  the  lireman's  burial  lot  in  the  Mount  Hope  cemetery  in 
the  city  of  Rochester,  and  not  exceeding  five  thousand  dollars  in  the 
erection  of  a  suitable  monument  in  the  fireman's  burial  lot  in  the  Holv 
.Sepulcher  cemetery  in  the  town  of  (Ireece.  county  of  Monroe,  state  of 


360  Si'KiiAi,  Laws  ok    ihe 

New  York,  in  mcinury  of  deceased  tirciiicn.  and  such  other  sum  annu- 
ally as  may  be  necessary  to  take  suitable  care  of  said  lots,  and  may 
also  appropriate  a  sum  of  money,  not  exceeding  five  hundred  dollars, 
for  securing  a  suitable  blank  diploma  for  sale  and  presentation  to  ex- 
empt firemen,  and  may  from  time  to  time  procure  the  jjrinting  of  such 
number  of  copies  of  said  diploma  as  may  be  necessary  :  and  may  also 
appropriate  and  expend  such  sum  of  money  as  may  be  sufticieiit  to 
secure  board,  lodging,  medical  care  and  attendance.  per])etually,  for 
not  more  than  four  patients  at  one  time,  in  the  hospitals  of  said  city  of 
Rochester,  according  to  the  rules  and  regulations  of  said  hospitals. 
But  the  entire  amount  of  all  the  annual  expenditures  shall  not  exceed 
the  annual  income  of  said  bcxird  of  trustees.  {Aineiitied  I..  1879,  Ch. 
9  :    /..  1887.    Ch.  72). 

§  10.  Part  of  the  revised  statutes  applicable —  I'hi^  cor- 
poration shall  be  subject  to  the  provisions  of  the  eighteenth  chapter 
of  the  first  part  of  the  revised  statutes,  so  far  as  the  same  are 
applicable. 

NoTK — Revised  Statute.s,  Fart  T.  Ch.  1  S.  ie])ealed  by  the  ( leiieral  Coqioia- 
tion  Law.     (L.  1S92,  Ch.  6S7). 

??    11.     When  in  effect — Tliis  act  shall  take  effect  immediately. 

Foreign  fire  insurance  corporations  shall  pay  tax  of  two  per  cent. 

on  annual  business  to  trcasuie  r  of  tire  (leparlnient  t'nr  benelil  of  said  depannient 
—  Insurance  l.aw.  §§  i3j;-i;;6. 


An    Ai  I    \r  I  iioKi/i  \(;   and  e.mpowkrinc.    ihe   common   l()un>-ii.  ok 
niK    (  ir\    OK    Rochester    to    inRtH.-vsE    certai.\    lano    and 

HRE.MISES  OK  KHK  PrOTECTIVES  N  UMBER  OnK  AND  ERECT 
THEREON  A  lUII.DlNC;  FOR  THE  ACCOMMODATION  OK  KIRE  Al'I'A- 
KATUS  FOR  THE  EXTINGtJI.^lHMENT  OF  FIRES  AND  I'ROTEtTION 
OF    I'ROI'ERTV    THEREAT.       (Z.    I  88  I.   Ch .    I  2  I  ). 

§  1.  Authority  of  common  council — The  common  council 
of  the  city  of  Rochester  is  hereby  authorized  and  empowered  to  pur- 
chase of  the  protectives  number  one  (an  association  duh'  incorporated) 
a  certain  lot  or  parcel  of  land  situated  on  North  Fitzhugh  street  in 
said  city,  now  occupied  by  said  protectives  number  one,  and  to  erect 
thereon  as  speedily  as  may  be,  a  building  in  the  place  and  stead  of  a 
certain  building  now  situated  thereon,  and  in  accordance  with  plans 
and  specifications  heretofore  adopted  by  .said  protectives  number  one: 
provided   said    purchase  price  and  building  shall  not  exceed  the  sum 


City  (>\    Koi  hkstkr  ;it»l 

of  twenty  thousand  dollars.  And  said  common  council  may,  when- 
ever it  shall  deem  proper,  re-sell  and  convev  said  premises  to  ^aid 
protecti\es  number  one. 

;j  2.  Tax  I'or  the  purpose  of  carrying  the  ]jr()\isions  of  .sec- 
tion one  into  etiect,  the  connnon  council  of  said  city  is  hereby  author- 
ized and  empowered  to  raise  by  tax,  to  be  included  in  the  annual 
levy  for  the  year  eighteen  hundred  and  eighty -one.  such  sum  as  in  its 
judgment  may  be  necessary  for  the  purposes  aforesaid,  not  e.xceeding 
twenty  thousand  dollars.  And  until  the  re-purchase  and  re-convev- 
ance  of  said  building  and  land  b\-  said  |:)rotecti\es  number  one,  the 
city  may  permit  the  use  and  occupation  thereof  by  said  protectives 
number  one.  on  such  terms  as  said  common  council  may  prescribe. 

^    :;.     When   in  effect      This  act  shall  take  effect  immediately. 


.\n    Act    1-or    ihk    rki.ikk   ok   (.eriwin     i-irk.mkx    in    thk   i  itv  ok 

ROCHK.STKR.       (/..    I.S94.    Cy/.    140). 

^  I.  Alert  hose  certificates  Die  mayor  of  the  city  of 
Rochester  is  hereby  authorized  and  empowered  to  grant  certificates 
of  exemption  to  members  of  the  late  Alert  hose  company  of  said 
city  who  were  dul\-  enrolled  and  in  good  staiuling  in  said  compan\-  on 
the  hr.st  day  of  November,  eighteen  hundred  and  ninety-three,  in  like 
manner  and  with  the  same  effect  as  though  they  had  served  tin-  full 
term  of  five  years  without  pay  as  volunteer  firemen. 

■5    2.      When    in  effect       This  at  t  shall  take  effect  innneiliatelv. 


.\n     .\(l      10    KSl  AIU.ISII     A      I'KNsKiN     KIND      KOU       rilK     I'Alli      KIRI      MK- 
PARrMKNI'    OK     IIIK    i\\\    (U      KoCII  K-- IKk.       (  /..    I,S()4,   ('//.    ^24). 

Section  1.  Trustees  of  pension  fund  The  mayor  of  the 
city  of  Rochester,  for  the  lime  being,  and  his  successors  in  office, 
the  members  of  the  executive  board  of  the  city  of  Rochester,  for  the 
lime  being,  and  their  succes.sors  in  office,  or  the  person  or  persons 
having  charge  or  control  of  the  lire  depariment  of  said  city  of  Roch- 
ester, and  their  successors  in  office,  the  city  treasurer  of  the  city  of 
Rochester,  for  the  time  being,  and  his  succes.sors  in  office,  and  the 
chief  engineer  of  the  fire  department  of  the  city  of   Rochester,  for  the 


S&l  Sl'KCIAI.     L.\\\.->    ol       I  H  K 

lime  being,  and  liis  successors  in  office,  shall  constitute  a  board  of 
trustees  of  the  pension  fund  for  the  paid  fire  department  of  said 
city  of  Rochester  hereinafter  mentioned.  The  mayor  of  tlie  city  of 
Rochester  shall  be  president  of  said  board,  and  the  said  board  of 
tru.stees  shall  annually  designate  one  of  their  number  who  shall  be 
secretary  thereof.  The  cit)'  treasurer  of  the  city  of  Rochester  shall 
be  treasurer  of  said  pension  fund.  Such  board  of  trustees  shall  have 
charge  of  and  administer  said  fund,  and,  from  time  to  time,  invest  the 
same  or  any  part  thereof,  as  they  shall  deem  most  beneficial  to  said 
fund,  and  are  empowered  to  collect  and  receive  said  fund,  to  make 
all  necessary  contracts  and  take  all  necessary  and  proper  action  and 
proceedings  in  the  premises,  and  to  make  payments  from  said  fund  of 
pensions  granted  in  pursuance  of  this  act.  The  said  trustees  shall, 
from  time  to  time,  establish  such  rules  and  regulations  for  said  pen- 
sion fund  as  they  may  deem  best.  They  shall  report,  in  detail,  the 
condition  of  the  fund  at  the  close  of  each  fiscal  year  of  the  fire 
department,  through  their  secretary,  to  the  common  council,  and  said 
report  shall  be  published  with  the  annual  report  of  the  fire  depart- 
ment of  the  said  city.  No  payments  whatever  shall  be  allowed  or 
made  by  said  trustees  as  rewards,  gratuities  or  compensation  to  any 
person  for  salary  or  for  services  rendered  to  or  for  said  board  of 
trustees. 

§  2.  Sources  of  pension  fund — The  pension  fund  of  the 
paid  fire  department  of  the  city  of  Rochester  shall  consist  of: 

1.  All  fines  imposed  upon  the  members  of  the  paid  fire  de- 
partment of  said  city  by  the  executive  board  thereof,  or  the  person 
or  persons  having  charge  or  control  of  the  fire  department  of  said 
city.     (As  atne7ided  L.  1896,  CJi.  696). 

2.  All  rewards  in  money,  fees,  gifts,  testimonials  and  emoluments 
that  may  be  paid  or  given  for  or  on  account  of  extraordinary  services 
by  the  said  paid  fire  department,  or  any  member  thereof,  except  such 
as  have  been  or  shall  be  allowed  by  the  person  or  persons  having 
charge  or  control  of  said  department  to  be  retained  by  said  member  or 
members.     (As  amended  L.  1896,  Ch.  696). 

3.  All  moneys,  pay,  compensation  or  salar)-.<)r  any  part  thereof, 
forfeited,  deducted  or  withheld  from  any  member  or  members  of  the 
fire  department  force,  for  or  on  account  of  absence  or  suspension  from 


CiTv  OK  Rochester  863 


duly,  except  in  case  of  sickness,  to  be  paid  monthly  to  the  treasurer  of 
said  relief  fund;  and  the  person,  persons  or  board  having  charge  or 
control  of  the  fire  department  of  said  city  of  Rochester  are  authorized 
and  empowered,  in  their  discretion,  to  deduct  and  withhold  pay,  salary 
and  compensation  from  any  member  or  members  of  said  department, 
for  or  on  account  of  absence  from  duty,  except  when  such  absence 
shall  be  caused  from  sickness  or  disability,  for  which  leave  of  absence 
shall  have  been  granted  in  accordance  with  the  rules  of  said 
department.      (As  aincndcd  L.  1896,  Ch.  696). 

4.  All  licenses  or  taxes  collected  and  received  for,  and  rev- 
enues derived  from,  licenses  of  theatres  and  public  places  of  amuse- 
ment in  said  city.     {As  amended  L.  1896,  C7i.  696), 

5.  .Vll  proceeds  of  suits  for  penalties  for  violations  of  the  (ordi- 
nances of  the  said  city  of  Rochester  relating  to  the  management,  con- 
duct and  control  of  or  interference  with  the  fire  department  thereof, 
and  also  relating  to  the  erection  and  construction  of  wooden  buildings 
in   said  city.      (As  aiiiendi'd  L.  1896,  Ch.  696). 

6.  All  moneys  which  shall  be  deducted  from  the  nuMithly  pay  of 
each  fireman  and  officer  of  said  department,  from  the  monthly  pen- 
sion of  the  retired  memlicrs  of  the  said  department,  and  from  the  pav 
of  such  other  employees  of  said  department  as  mav  be  entitled  to  par- 
ticipate in  said  fund,  and  which  shall  be  the  sum  of  fiftv  cents  each 
month  from  each  of  said  persons,    (.-^.v  antiiidt'd  /..   \'^()U.  Ch.  696). 

7.  The  common  council  sliall^  annually  include  in  the  lax  lew 
the  sum  of  three  thousand  dollars,  which  sum  shall,  at  the  time  when 
the  appropriation  for  the  conduct  of  the  fire  department  shall  be  made, 
be  set  apart  and  paid  oyer  to  the  treasurer  of  the  trustees  of  the  pen- 
sion fund  for  the  |)aid  tire  department,  (.-/.v  ijiiirndrd  /..  \^()(). 
Ch.  (h)G). 

S  T,.  Persons  entitleJ  to  pensions  It  shall  be  the  dutv  of 
the  executive  board  to  retire  and  dismiss  from  membership  in  the  said 
paid  fire  department,  and  thereupon  grant  pensions,  as  hereinafter 
provided,  to  any  member  of  the  paid  fire  department  force  of  said  city 
who  shall  have  become  disabled,  physically  or  mentally,  or  .so  advanced 
in  age  as  to  be  unfit  for  fire  duty,  and  to  widows  and  orphans  of  such 
members,  to  be  paid  from  the  said  pension  fund  by  the  board  of  trus- 
tees thereof,  as  follows  : 


864  Si'Kt  lAi,   Laws  ok    imk 

I.  To  I  he  widow  of  am  iiiciiil)t.r  of  ilic  |)ai(l  fire  departincnl 
who  shall  ha\c  been  killed  while  in  the  actual  performance  of  duty,  oi 
who  shall  have  died  from  the  effects  of  any  injury  received  while  in  the 
actual  (lischarj^e  of  such  duly,  or  who  has  died  or  who  shall  hereafter 
die  after  twenty  years  service  in  the  paid  the  flepartment  of  said  city, 
or  who  shall  have  been  retired  upon  a  pension  under  section  four  of 
this  act.  if  there  be  no  child  or  children  under  eighteen  years  of  ajje 
of  anv  such  members,  three  himdred  dollars  per  annum  :  but  if  there 
be  any  such  child  or  t;hildren  of  any  such  member  under  the  a<^e  afore- 
said, then  the  said  sum  ma\-  be  di\  ided  between  such  widow,  child  or 
children  in  such  proportion  and  in  such  manner  as  the  said  board  may 
direct.      (As  amriidcJ  /,.   181)6.  Ch.  696). 

z.  To  an\  child  or  children  under  eighteen  years  of  age  of  such 
member  killed  or  dying  as  aforesaid,  or  pensioner  as  aforesaid,  but 
leaving  no  widow,  or  if  a  widow,  then  after  her  death,  to  such  child  or 
children  being  yet  under  eighteen  years  of  age,  three  hundred  dollars 
per  annum.     (As  aniciuicd  /..   1896.  Ch.  696). 

3.  'l"o  an\"  such  member  of  said  paid  tire  department  who  shall, 
after  twenty  years  membership  in  the  paid  hre  department,  become 
superannuated  by  age,  permanently  insane,  or  incaj^acitated  or  disa- 
bled, physically  or  nientall}'.  so  as  to  be  unfitted  or  unable  to  perform 
full  tire  dutv  by  reason  of  such  disability  or  disease,  contracted  without 
misconduct  on  his  part,  a  sum  not  less  than  one-half  the  full  salary  or 
compensation  of  suih  member  so  retiretl.  at  the  time  of  his  retirement; 
prf>vided.  however,  that  no  pension  granted  under  the  provisions  of 
of  this  section  shall  exceed  si.v  hundred  dollars  per  annum  (.-/.» 
atnniih-il  I..   1896,    Ch.   696). 

>:  4.  Retirement  by  request  .\n\  member  of  the  p.iid  tiie 
department  force  who  has  or  shall  have  performed  duty  therein  for  a 
period  of  twenty  years,  or  upwards,  either  as  a  paid  or  minute  man, 
and  any  member  of  the  paid  tire  department  force,  who.  while  in  the 
actual  performance  f)f  dutv  and  by  reason  of  the  performance  of  such 
dutv,  and  without  fault  or  misconduct  on  his  part,  shall  ha\e  become 
permanently  disabled,  physically  or  mentally,  .so  as  to  be  unfitted  to 
perform  full  hre  duty,  upon  his  own  application  in  writing,  or  upon  a 
certificate  of  the  surgeon  of  the  fire  department,  showing  fliat  such 
member  is  permanently  disabled,  physically  or  mentally,  so  as  to  be 


i'ny    OK    !<()(  MKSTKK  3t>5 

iinht  ioT  duty,  shall,  by  rcsoliilion  imanimousiy  adopted  by  the  board, 
person  or  persons  havinj^  ciiar^^e  and  cf)ntrol  of  the  paid  fire  depart- 
ment of  said  city,  be  retired  and  dismissed  from  said  force  and  service 
and  placed  on  the  roll  of  the  pension  fund  of  the  paid  fire  department, 
and  awarded  and  granted  to  be  paid  from  said  pension  fund  an  annual 
pension  during  his  lifetime  of  a  sum  not  less  than  one-half  the  full  sal- 
ary or  compensation  of  such  member  so  retired,  at  the  time  of  his 
retirement  :  provided,  however,  that  no  pension  granted  under  the 
provisions  of  this  section  shall  exceed  the  sum  of  six  hundred  dollars 
per  annum.  Pensions  granted  under  this  section  shall  be  for  the  nat- 
ural life  f>f  the  pensioner,  and  shall  not  be  revoked,  repealed  or  dimin- 
ished. Pensions  shall  be  continued  and  paid  to  the  widows  and  chil- 
dren or.  if  no  widow,  to  the  child  or  children,  while  under  the  age  of 
eighteen  years,  of  any  member  or  members  of  the  paid  fire  department 
force  to  whom  pensions  shall  have  been  granted  under  the  provisions 
of  this  section  or  under  subdivision  three  of  .section  three  of  this  act  : 
provided,  however,  that  such  pensions  to  such  widows  or  children,  as 
the  case  may  be.  shall  in  no  instance  exceed  six  hundred  dollars  per 
annum.      (.7.v;  (rf/ir/n/ri/  /..   1.S95.  C'//.  iS^;). 

§  5.  Pensions  to  widows — Pensions  to  widows  shall  termi- 
nate when  the  widow  shall  remarry,  and  pensions  to  children  shall  ter- 
minate whene\erlhe  children  shall,  respectively,  arrive  at  the  age  of 
eighteen   \ears.      (  .Is  (Hiirih/rti  I .   iSoCi.  Ch.  (n)U  i. 

<j  (..  Certificate  of  surRcon  necessary  .\i'  iiuinlKi oi  tiu- 
paid  fire  (kpartment  fori  e  sh.dl  be  au.irded. granted  or  paid  a  pension 
on  account  of  physical  or  mental  disabilityordisea.se.  unless  upon  the 
certilicate  of  the  surgeon  of  the  lire  department,  which  shall  set  forth 
the  cause,  nature  and  extent  of  the  disalnlil).  disease  or  injury  of  such 
member  of  the  .said  paid  fire  department  who  may  be  placed  u|K)n  the 
pension  roll  ;  and  said  certilicate  shall  di.stinctly  stale  whether  or  not 
such  disabilitv.  disease  (»r  injurv  was  inccurrefl  or  sustained  by  said 
member  of  the  i)aid  fire  department  force  in  the  performance  of  fire 
duty,  and  such  certificate  shall  in  each  case  be  filed  with  and  entered 
upon  the  minutes  of  the  board,  perscm  or  persons  having  charge  and 
control  of  the  Ine  department  of  said  citv. 

§    7.      l*ro   rata  payments — Should  the  moneys  at  the  disix»sal 

of  the   tnisiets  (it    tin-  iicnsjou  fund  foi    said   paid  fire  department    \\q. 


;W)()  SCKAIAI.     1>A\\S    <)!•      IIIK 

found  at  anv  time  inadcqualc  lo  fully  canv  out  tin-  pro\ision.s  of  this 
act.  the  trustees  shall  pay  to  the  depeiuleiits  on  such  fund  as  near  a  pro 
rata  amount  as  in  their  iud<;ment  the  circumstances  may  warrant. 

ij  S.  Fraudulent  claims  K,\erv  j^erson  who  Um^wingly  or 
willfully  in  any  wise  procures  the  makiii}^  or  presentation  of  any  £al.se  or 
fraudulent  affidavit  or  affirmation  concerning;  any  claim  for  pension  i>r 
payment  thereof,  shall  in  every  such  case,  forfeit  a  sum  not  e.xceediuL,' 
two  hundred  and  fifty  dollars,  to  be  sued  for  and  recovered  by  and 
in  the  name  of  the  said  l^oard  of  trustees  of  said  pension  fund,  and 
when  recovered,  paid  over  to  and  thereujjon  become  a  part  of  said 
pension  fund  of  the  paid  lire  department  of  the  city  of  Rochester. 

<?  9.  Trustees  may  administer  oaths — l-'orthe  purposes  of 
this  act,  the  persons  constituting  the  board  of  trustees  of  the  pension 
fund  for  the  paid  tire  department  of  the  city  of  Rochester,  New  \ork. 
are  hereby  authorized  to  administer  oaths  and  take  acknowled<;ments. 
and  any  person  who  shall  willfully  swear  falsely  in  any  oath  or  affirma- 
tion in  obtaining  or  procurin<;  any  pension  or  payment  thereof,  under 
the  provisions  of  this  act.  shall  l)e  ,L;uilt\-  of  perjury. 

J?  10.  Pension  money  exempt  from  execution  I'he  moneys, 
securities  and  effects  of  the  pension  fund  for  the  paid  hre  department 
of  the  city  of  Rochester,  and  all  pensions  granted  and  payable  from 
said  fund,  shall  lie  and  are  exempt  from  execution  and  from  all  pro- 
cess and  proceedings  to  enjoin  and  recover  the  same  by  or  on  behalf 
of  any  creditor  or  person  having  or  asserting  any  claim  against,  or  debt 
or  liabilitN  of  any  pensioner  of  said  fund. 

>?  II.  Laws  repealed — .Ml  acts  or  parts  of  acts  inconsistent 
with  or  repugnant  to  the  provisions  of  this  act  are  hereby  repealed. 

?    I  J       When  in  effect  -i'his  act  shall  take  effect  immediately. 


An  .\c\  10  l.Ki;\I.IZK  \M>  cO.NKIKM  CKUrAIN  AI-I-OIN  r.MK.\  is  AND 
PRO.MOTIONS  MADK  I.\  THE  FIKK  DKP  A  R  PM  KN  r  OK  IHE  CITV  OK 
ROCHK.STKR.       (  /.    1896.    C//.   707). 

Section  i.     Fire    department    appointments  legalized — All 

appointments  and  promotions  heretofore  made  in  the  tire  department 


CJiY  OK   RixuKsiKK  :i<57 

of  the  city  of  Rochester  from  the  roiiipclili\c  elij,'ible  list  jjreparecl  by 
the  civil  service  commission  of  said  city  are  hereby  lej^alized,  ratified 
ind  confirmed. 

§    2.     Actions   pending-  Nothin;^^  in    this  act  contained   shall 
affect  any  action   or  proceeding  now  pendint;. 

§  3.      When   in   effect — This  act  shall  lake  effect  innnediately. 


An    Act    vok    vwv.    kki.ikf  of    ckriain     iikkmkn    iv    iiih     -in    <■! 

ROCHESTKR.       (/,.    I.S9.S.    C7l.   571). 

Section  1.  Active  hose  certificates — The  mayor  of  the  citv 
of  Rochester  is  hereby  authorized  and  empowered  to  grant  certificates 
of  exemption  to  members  of  the  late  Active  hose  company  of  said 
city,  who  were  duly  enrolled  and  in  good  standing  in  said  company 
on  the  fourteenth  day  of  March,  eighteen  hundred  and  ninety-eight, 
in  like  manner  and  with  the  same  effect  as  though  they  had  served 
the  full  term  of  five  years,  without  pay.  as  volunteer  firemen. 

<j    2.      When    in   effect — This  act  sii.ill  t.ikc  v\\vv\  innnr.ii  iii-K  . 

Sec  notes,  lliis  hnok,  p.   1  ^7. 

An  as  lo  tharKtfs  :iKainst  Nirhola-  I'.  Oldlit-Kl  —  I..  Kioi,  Ch.  557. 


GENESEE    RIVER 

An    .\cr    KKi.AriNi;    ro    riiK   cirv  ok    Rch  iik-skkk.    \ni»    m-i-oin  riNi; 

\()M,MISSI()NKUS  TO  DKVISK  AM)  KKPORT  MKASl'RRs  ro  I'RKVKNT 
INUNDAIIONS  IN  THAT  t  KIV  KROM  TIIK  CiKNKSKK  RIVKK.  (/,. 
I  865.    i  '//.   (\  ^()  I. 

.Section  I.  Appointnicnt  and  duties  of  coniniissioners — 
.\ddison  (Gardiner.  .Vmcn  IJronson.  (George  II.  .Mumlord.  Levi  A. 
Ward  and  (k-orge  I.  Whitney,  are  hereby  appointed  conunissioners  to 
inquire  into  and  ascertain  the  cause  or  causes  of  the  inundation  of 
the  (  itv  (if  Ro(  liester  bv  the  waters  of  the  denesee  river  in  the  month 


Jj<iS  Sl'KClAl.    L.\\\>    ol       I  111 

of  March,  i-i^hlcfn  luiiulicd  and  sixty-ti\c,  and  whether  any.  and  if 
any,  what  olj.striictions  have  been  placed  in  said  river  wliich  tended  to 
cause  or  increa.se  the  extent  of  such  inuiKhition.  and  the  nature  and 
extent  of  such  obstructions,  and  wliat  measures,  proceedings  and 
remedies  are  necessary  or  proper  for  the  purpo.se  of  guarding  against 
or  preventing  a  recurrence  of  such  inundation,  and  that  for  this  pur- 
pose the  said  commissioners  are  hereby  empowered  to  make  or  cause 
to  be  made  all  neces.sary  surveys,  explorations  and  examinations  by 
suitable  engineers  or  otherwise,  and  to  this  end  may  enter  upon  any 
and  all  lands  or  buildings  necessary  to  that  purpo.se;  and  the  said 
commissioners  are  also  empowered  to  summon  before  them  and  take 
the  testimony,  under  oath  or  affirmation,  to  be  administered  by  any 
of  said  commissioners,  of  all  or  any  witnesses  that  they  shall  see  fit, 
and  to  require  and  compel  the  production  of  any  papers,  books  or 
records,  which  they  may  deem  j^ertinent  thereto ;  and  they  may  issue 
their  summons  or  order  in  the  nature  of  a  subpoena,  to  be  signed  by 
them  or  any  one  of  them,  commanding  and  requiring  the  attendance 
of  such  witnesses  and  the  production  of  such  papers,  which  shall  be 
served  in  the  same  manner  as  subpcenas  in  criminal  cases,  and  di.s- 
obedience  to  which  shall,  when  reported  by  said  commissioners  to 
the  supreme  court,  be  punished  as  a  contempt  in  like  manner  as  dis- 
obedience to  the  process  of  subpcena  when  issued  by  said  court. 

^  2.  Commissioners'  oaths  of  office  Said  conuiiissioners 
before  entering  upon  their  duties,  shall  take  the  usual  oath  of  office, 
and  file  the  same  in  the  office  of  the  secretary  of  state. 

iJ  V  Commissioners'  report^- .Said  connni.ssioners  shall  trans- 
mit their  report  to  the  legislature  at  its  next  annual  session,  which 
report  shall  be  accompanied  b\  maps  and  drawings  explanatory 
thereof,  and  a  duplicate  of  such  report,  maps  and  drawings,  shall  be 
filed  by  said  commissioners  in  the  ofiice  of  the  clerk  of  the  county 
of  Monroe  ;it  least  ten  days  before  they  transmit  the  same  to  the 
legislatme. 

<i  4.  Commissioners'  expenses,  how  paid — All  expenses 
incurred  by  the  said  commissioners  in  prosecuting  the  inquir)'  hereby 
required  to  be  made,  shall  be  a  charge  upon  the  city  of  Rochester, 
and  when  certified  to  the  common  council  of  said  city  by  said  com- 
missioners, shall  be  paid  out  of  the   treasury  of  said  city,  and  for  the 


C'l  I  V    (>K     KlHUKSTKR  •{•»'•• 

piir}X).se  of  making  such  payment  tlic  >.iiu  >i.iiiiiiwii  >oiincil  may 
horrow  money  upon  the  credil  of  said  city,  antl  shall  include  the 
.imount  of  such  expenses  in  the  next  annual  assessment  Of  taxes. 

$  5.  Majority  when  necessary  —  A  majority  of  said  com- 
missioners sliall  be  necessary  to  make  any  determination,  but  any  of 
them  may  take  testimony  to  be  reported  by  him  to  his  associates. 

$  6.  Inability  of  commissioners — In  case  oi  the  inability  or 
refusal  of  any  of  said  conuiiissioners  to  act,  the  duties  hereby  imposed 
shall  devoKe  upon  and  l)e  executed  by  the  other  commissioners. 

<!  7.  Power  of  common  council  as  to  encroachments  in 
Genesee  river  1  he  common  council  of  the  city  of  Rochester  are 
hereby  authorized,  and  it  is  herebv  made  its  duty  to  prevent  the 
construction  of  any  encroachment  up(jn  or  obstructi(»n  in  the  bed  of 
the  (lene.see  river  within  the  limits  of  said  city,  and  for  that  purpose 
said  common  council  ma\  institute  any  actions  or  proceedin<;s  in  the 
name  of  said  city  as  plaintilT  therein,  and  upon  the  i^ranting  of  any 
injunction  order,  in  anv  such  action,  an  undertaking  in  the  usual 
form  in  the  name  of  and  on  behalf  of  said  city  as  such  plaintill. 
executed  b\-  the  mayor  of  said  city  in  his  official  capacity,  shall  be 
>ut(uient.  .ind  no  surety  shall  be  required  thereto. 

{5   S.      When    in   effect       This  act  shall  take  elVet  I  inuuediately. 

Common  council  may  prohibit  absolutely  encroachments  in 
(ienesec  ri\cr — Ciiv  d'  Kik  lit-ici  \^.  <  »s1i..ih.  ;  I  .tn>iiiu   ;; 


.\n   Ai  t    m  rii<)ki/i.\(.    riiK  si  i'kkin  rKSKKxr  ok    pi.hi.u    works    ni 

M.MMAIN    rilAt   I'dKriON   OK    TIIK  (iK.NEsKK   RIVKK     KKKItKR    LYING 

wrrMiN  riiK  i,i\irrs  01  ihk  (Ity  ok  Rocukstkr  in  si'cn  ion- 
i>rno\  rii\r  n  siiai.i.  not  i:k  pktrimkn  iai.  to  rnK  ih'im.u 
lu  \i  rii.     (/,.  iSSo.  (7/.  .^59). 


The  legislature  has  declared  certain  portions  oi  the  (iencscc 
river  to  be  a  public  hijchway  — 1,.  i.Sij.  Cli.  47  (\.in  N.>.>  .nul  W  ondwrth. 
Ki  viv,(|  l.;i\\>.  \'i>l.  .'.  |>.  jS:;i.  ••  Au  ACX.  dcfclariDK  certain  waters  to  hi-  public 
liinh\vaj>.  i-ti.."  Com  i>  "  tl)i-  (iiii'Mu  river  from  tlu' Rreat  falls  therein  initil  its 
jinu  tii>n  with  llu'  (aiRSerajia  en  ek  antl  the  said  creek  from  ii.s  saitl  junction  to 
(he  snuthern  boundary  of  townsliip  number  si-ycn  in  the  .seventh  range  of  the 
county  of  Ontario:"   1..  i.Si.S.  ("h.  51  (passed  March  iq.  1S18,  41st  session).  "An 


;{70  Si'K   I  \l      I  ,  WVS    (II       I  Ml- 


act  tleclarinj;  certain  waters  therein  niciiiioned  a  public  highway"  declares  that 
••  so  much  of  the  Genesee  river  from  the  confluence  of  the  Caneseraga  creek  up  l<i 
the  bridge  near  the  house  of  I'hilip  Church,  Kstpiire,  in  the  town  of  Angelica,  in 
the  county  of  Allegany,  except  from  the  foot  i>f  the  falls  to  ihe  head  of  the  rajjids 
in  the  town  of  Nunda,  and  so  much  of  said  river  as  is  included  fron>  the  Penn- 
sylvania line,  down  to  I'hilipsbur^h  Mills  in  the  said  town  of  Angelica,  be  and  is 
hereby  declared  a  public  highway  ; "  1..  1S2S,  Ch.  250,  "An  act  declaring  a  ])art 
of  the  Genesee  river  a  public  highway"  (  passed  April  i8ih.  1S2S,  50th  session) 
reads  as  follows :  "All  that  pan  of  the  Genesee  river  from  the  village  of  Koch- 
ester  to  the  I'ennsylvania  line,  not  heretofore  declared  to  be  a  public  highway, 
shall,  from  and  after  the  passage  of  this  act,  be.  and  the  same  is  hereby  declared 
a  public  highway  ;  but  this  act  shall  not  be  so  construed  as  to  affect  any  mills  or 
dams  already  erected  on  that  portion  of  said  river,  which  is.  by  this  art  ilechued 
to  be  a  public   highway." 


MEMORIAL   DAY 

An    Ac  I    10   i'Roviue  for  the    i'ropkr    ob.skrvance  ok    memorial 

DAY  IN  THE  CITY  OF  ROCHESTER,  AND  TO  AUTHORIZE  THE  COM- 
MON COUNCIL  OF  SAID  CITY  TO  MAKE  AN  ANNUAL  A  IM'KOI'K  I A- 
TION     FOR    THAT    PURPOSE.       ( /,.     1S97,    C/l.   424'). 

Section    i.     Five  hundred   dollars   may  be  appropriated 

The  conimoii  council  of  the  city  of-  Rochester  is  hereby  authorized  in 
its  discretion,  and  with  the  consent  of  the  mayor,  to  raise  annually, 
and  in  the  same  manner  as  moneys  for  city  purposes  are  raised,  a  sum 
not  to  exceed  five  hundred  dollars  in  any  one  year,  and  to  e.xpend  the 
same  in  meeting  the  expense  of  a  proper  observance  of  Memorial 
day,  and  in  the  decoration  of  the  graves  of  the  dead  .soldiers,  sailors 
and  marines,  buried  in  the  cemeteries  of  said  cit}-  and  its  suburbs. 

ij  2.  Money  how  spent — Said  moneys  shall  be  expended 
under  the  direction  of  the  various  veteran  organizations  of  said  city, 
and  shall  be  paid  by  the  city  treasurer,  upon  the  warratit  of  the  city 
clerk,  after  the  items  thereof  shall  have  l)een  audited  Ity  the  eily 
auditor  and  approved  by  the  common  council. 

i>    ;.      When  in  effect — 'i'his  ncl  shall  take  clTfci  immcdiili-K-. 


An     An     10   knaim.k  veterans    10   pakiuipaii     in     ini    kmkiisis 

OF    MEMORLAL    DAY.       (/.    I1S95,    C// .   2  20). 

Section  1.  Veterans  to  have  leave  of  absence  — It  shall  be 
the  duty  of  the  head  of  every  public  department  and  of  ever)-  court  of 
the   state   of   New  Vork.  of  ever)-  superintendent   or  foreman  on  the 


(Jiv  OK   RcM  nK^iKk  :>71 

public  works  of  said  state,  of  the  county  officers  of  the  several  coun- 
ties of  said  state,  and  of  the  head  of  eveiy  department,  bureau  and 
orticc  in  the  {;o\ernnient  of  the  various  cities  and  villages  in  this  state, 
to  <j;ive  leave  of  alisence  with  pay  for  the  twenty-four  hours  of  the 
thirtieth  day  of  .May,  or  such  other  day  as  may.  according  to  law.  be 
observed  as  Memorial  day,  to  every  person  in  the  service  of  the  state, 
the  county,  the  city  or  village,  as  the  case  may  be.  who  served  in  the 
army  or  the  naxy  of  the  I'nited  States  in  the  war  of  the  rebellion  and 
who  was  honorably  discharged  from  such  service.  A  refusal  to  give 
such  leave  of  absence  to  one  entitled  thereto  shall  be  neglect  of  dutv. 
I. -is  ii7ni'nift(i  I..  if)oi.  Cfi.  26). 

«i  2.  Laws  repealed — All  laws  or  parts  of  laws,  special  or 
general,  so  far  as  inconsistent  with  this  act.  are  hercbv  repealed. 
{As  aynemit'i/.  /..    1901.  C/i.  26). 

ij    :;.      When  in  effect — This  act  shall  lake  ette(  t  immediatelv. 


iMIDWIFERY 

As     Ari     i<K(;ui..\riN(;    ami    kksikaimnc;     ihf     i'kacihk    ok    miii- 

Wn  KKV       IN        THK       I  ITV      OK       RotHKSTKK,       HV      <)rilKR>        rHAN 
I.KOAILV     \l    rilOKIZKl)    I'MVSKIANS.       (/,.    I  S<)5 .    ( 7/.   .S42  ). 

Section  i.  Examiners  in  midwifery —( )n  or  before  the  lirst 
day  of  July,  eighteen  hundred  and  ninety-live,  the  mayor  of  the  city  of 
Rochester  shall  appoint  a  board  of  examiners  in  midwiferv  to  consist 
of  three  members,  two  of  whom  shall  be  legally  qualified  physicians 
and  surgeons  of  at  least  five  years  practice,  who  together  with  the 
health  officer  of  said  city  (ex  officio)  shall  constitute  such  board,  and 
thereafter  as  often  as  any  vacancy  shall  occur  in  said  board,  said 
mayor  shall  fill  such  vacancy.  The  members  of  such  board  other 
than  the  health  ofiicer  shall  receive  as  compensation  for  their  ser\  ices 
the  sum  of  ten  dollars  each  for  each  day  necessarily  given  to  the  per- 
formance of  their  duties.  Such  compensation  shall  be  paid  by  the 
city  treasurer  of  said  city  out  of  such  general  fund  of  said  city  as  may 
be  set  apart  for  the  contingent  expenses  of  .said  city  .uid  shall  be  paid 


:i7-  Si'iAiAi.   Lwvs  ()i-    iHK 

on  an  order  of  tlu-  loninion  comuil  ot  said  city,  aflcr  due  piintf  of 
such  services  has  been  rendered.  I'he  terms  of  office  of  the  members 
of  such  board  other  than  the  lieallli  ottu  (.-r  shall  lie  for  three  years  each. 

jj  2.  Officers  of  board  of  examiners-  Immediately  after 
sucli  appointment  said  bf)ard  shall  or<;ani/e  by  the  selection  of  one  of 
its  members  as  president,  and  of  another  as  secretary  and  treasurer, 
who  shall  hold  their  offices  for  one  year  and  be  thereafter  elected 
annually,  and  shall  adopt  and  have  power  to  adopt  and  enforce  such 
rules  and  regulations  as  are  necessary  to  cany  out  the  ]jurpf)scs  and 
prf)visions  of  this  act. 

5?  V  Examinations  and  certificates -Such  examiners  shall 
meet  on  the  first  Tuesday  of  April  and  ( )clober  in  each  year,  and  on 
such  other  days  as  such  board  ma\  appoint,  after  due  notice  thereof 
is  publicly  given,  in  the  city  of  Rochester,  and  shall  then  e.xamine  all 
candidates  of  the  age  of  twenty-one  years  and  upwards,  who  shall  pre- 
sent themselves  to  be  examined,  as  to  their  moral  character  and 
qualitications  to  practice  midwifery,  and  shall  on  receipt  of  ten  dol- 
lars, issue  their  certificate  to  any  person  so  examined,  who  shall  be 
found  l)v  them  to  be  qualified,  which  certificate  shall  set  forth  that 
said  board  has  found  the  person  to  whom  it  is  issued  c|ualitie(l  to 
practice  midwifery  in  the  city  of  Rochester,  and  such  certificate  shall 
be  recorded  1)\  the  clerk  of  the  said  city  of  Rochester  in  a  book  to  lie 
kept  for  that  purpose.  All  moneys  going  into  the  treasury  of  this 
board  shall  be  turned  over  to  the  city  treasurer  of  said  citv  anil  bv 
him  (  rediled  lo  the  contingent  fund  of  said  city. 

>}  4.  Powers  of  a  midwife — Any  jierson  who  h.is  received 
and  recorded  such  certificate  shall  thereupon  be  designated  a  mid- 
wife, and  authorized  and  entitled  within  the  city  of  Rochester  to 
practice  midwifery  in  cases  of  iioiinal  labor,  and  in  no  others  :  but 
such  persons  shall  not  in  any  ca.ses  of  labor,  use  instruments  of  an\ 
kind,  nor  assist  labor  by  any  artificial,  forcible,  or  mechanical  means, 
nor  perform  \ersion  nor  attemjit  to  remove  adherent  placenta-,  nor 
administer,  prescribe,  advise,  or  employ  any  poisonous  or  dangerous 
drug,  herb  or  medicine,  nor  attempt  the  treatment  of  disease  except 
where  the  attendance  of  a  physician  can  not  be  speedily  procured, 
and  in  such  cases,  such  persons  shall  at  once  and  in  the  most  speedy 
way  procure  the  attendance  of  a  physician. 


(■|^^    OK    Ri)iiiK>iKk  ;;7-) 

§  5.  Revoking  certificates — Said  hoard  of  e.\amiiicr.«.  >liall 
have  power,  on  |)ropcr  cause  Ijeinj;  shown,  and  after  ^jivinj;  a  hearing,' 
to  the  person  holdini,'  their  certificate,  to  recommend  to  the  maxor  of 
the  city  of  Rocliester  the  revoking  of  the  same,  and  said  niavor  shall 
have  power  to  rexoke  such  certificate  and  license. 

§  ().  Penalties  Any  jierson  who  shall  practice,  or  wiihont 
the  attendance  of  a  ph\si(  ian  where  one  can  he  i)ro(  ured.  attend  a 
case  of  ohstetrics  within  the  city  of  Rochester,  after  the  thirt\-tirst 
day  of  Decemher,  eit,dUeen  hundred  and  ninety-tue.  without  heini; 
duly  authorized  so  to  do  under  existing  laws  of  this  slate,  or  without 
having  received  and  recorded  the  certiticate  provitled  for  hy  this  act. 
and  any  persf)n  who  shall  \iolate  any  of  the  pros  isions  of  this  act 
shall  he  guilty  of  a  misdemeanor  and  on  ton\iction  thereof  shall  he 
lined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars. 
ami  shall  forfeit  any  certificate  therefor  granted  under  the  provisions 
of  (his  act. 

§   7.      When    in   effect       I'his  act  shall  take  ciVtct  innnediatelv. 


MONROE   COUNTY    PHNITHNTIARV 

.\\      Al    r      10     l'l<0\||iK      lOK      rill-      \l  \l.\  TKN  \\(   K     01       l'K|s(iNKK.s     sKNT 

ro    riiK    .MoNKoi.    ((iiNrx     iM;.MTKNri.\i<x     tk-om     vuk    skvkkai 

rOWNS      AMI       rilK      CllY     ()!■       RrnillsiKR      IN       rill       ((UMN      01 
MONKOK.      (  /..    1^74.  ('//.    ^^>.^). 

Section  i.  I)efra\  in>;  expenses  of  arrest,  trial  and  con\  ic- 
tion  of  prisoners  All  expenses  incurred  hy  the  <  ity  of  Rochester  or 
any  of  the  towns  in  the  county  of  Monroe,  for  the  arrest,  trial  aiui  c«»n- 
vic.tion  of  any  prisoner,  hy  any  |)olice  justice  or  justice  of  the  peace 
in  said  count),  iiu  hiding  the  hoard  .iiul  ilothing  of  said  prisoner 
while  under  sentence  at  the  Monroe  county  penitentiary,  shall  he 
home  and  paid  hy  the  town  or  city  where  such  trial  and  conviction 
shall  he  had. 

$5  2.  Disposition  of  fines  .\ll  tines  im|X).sed  and  received  hy 
any  magistrate  or  police  justice  in  the  county  of  Monroe,  and  all 
fines  received  hy  the  superintendent  of  the  Monroe  countv  peniten- 
tiary, shall  helf)ng  to  the  poor  fund,  .md  sh.ill  he   used  for  the  sup|>ort 


:',74  Si'KciAi.   I,\u>  (»i    iHh 

of  the  poor  in  such  town  or  cily  icspeclivcly.  uherf  such  trial  and 
conviction  shall  be  had;  except  that  all  tines  imposed  by  the  police 
justices  of  the  city  of  Rochester  shall,  when  collected,  be  jDaid  to  the 
treasurer  of  said  city,  and  by  him  credited  to  the  police  fund  ;  and 
except  that  all  fines  imposed  by  the  police  justice  or  magistrate  of  the 
village  of  Honeoye  Falls  shall,  when  collected,  be  paid  to  the  treas- 
urer of  said  village,  and  by  him  credited  to  the  general  fund  of  said 
village.     {Ameiith'ii I..  1S79.  Ch.  44.S  ;    /,.  1881.  Cli.  291  ). 

is  3.  Duty  of  superintendent  of  Monroe  county  peniten- 
tiary— The  superintendent  of  the  Monroe  county  penitentiary  shall. 
as  soon  as  this  act  shall  take  effect,  cause  proper  books  of  account  to 
be  opened  with  the  city  of  Rochester,  and  the  several  towns  in  said 
county  of  Monroe,  in  which  shall  be  entered  the  name  and  residence 
of  all  persons  convicted  and  sent  to  the  said  penitentiary  from  said 
countv.  and  all  expenses  for  said  prisoner  while  under  sentence  at 
said  penitentiar)'  shall  be  charged  to  the  city  of  Rochester  or  the 
town  from  which  such  person  shall  be  sent. 

«i   4.     Report  of  superintendent;  assessment  of  deficiency 

'l"he  superintendent  of  said  penitentiary  shall  report  annually  to  the 
board  of  supervisors  of  said  county,  and  within  ten  days  from  the  first 
day's  session  of  said  board,  and  shall  present  a  detailed  statement  to 
said  board,  giving  the  name  of  each  person  confined  in  said  peniten- 
tiary, and  the  period  of  the  confinement,  showing  the  indebtedness  to 
said  penitentiary  of  the  city  of  Rochester  and  the  several  towns  in  the 
county  separately,  and  the  balance  due  from  such  city  or  town 
respectively  ;  and  the  board  of  supervisors  of  said  county  shall  assess 
such  balance  on  the  taxable  property  of  the  city  of  Rochester  or  the 
towns  from  which  such  balance  shall  be  due  as  will  be  sufficient  to 
pav  all  such  indebtedness  to  said  penitentiar)-. 

?  :;.  Payment  of  assessment — The  amount  so  as.sessed  on 
the  city,  and  the  several  towns  in  the  county,  shall,  when  collected,  be 
paid  to  the  count}'  treasurer  and  credited  to  the  penitentiaiy  fund. 

§  6.  Acts  repealed — All  acts  and  parts  of  acts  heretofore 
passed  inconsistent  with  the  provisions  of  this  act  are  to  that  extent 
hereby   repealed. 

^  7.  When  in  effect — This  act  shall  take  effect  on  the  first 
dav  of  March  next. 


City  of  Rochester  ^^75 


An  Act  in   rklation  to  the  Monroe  Col'niv  Workiiol'se.     (/. 
1858,  C/i.    188). 

Section  i.  Name— The  name  of  the  workhouse  of  the  county 
of  Monroe,  as  designated  in  the  act  chapter  two  hundred  and  seventy- 
nine,  of  the  laws  of  the  year  eighteen  hundred  and  fift)-three,  is 
hereby  changed  to  "  The  Monroe  County  Penitentiary,"  by  which 
name  it  shall  hereafter  be  known  and  designated,  and  all  acts  and 
parts  of  acts  passed  by  the  legislature  of  this  state,  and  all  acts  of  the 
board  of  supervisors  of  Monroe  county,  or  of  any  other  county  in  this 
state,  or  of  the  inspectors  or  superintendent  or  other  officers  thereof, 
and  all  sentences  or  other  acts  of  any  of  the  courts  of  this  state, 
referring  or  applicable  to  the  said  workhouse  of  the  county  of  Monroe, 
shall  apply  to  "  The  Monroe  County  Penitentiary,"  and  to  the  prison- 
ers, officers,  and  inspectors  thereof,  so  far  as  the  *naine  shall  be 
applicable. 

§  2.  Who  shall  be  committed — Whenever  any  person 
shall  be  convicted,  in  the  county  of  Monroe,  of  any  offense 
punishable  by  imprisonment  in  the  county  jail,  or  by  such 
imprisonment  and  a  fine,  or  shall  be  sentenced  by  any  court 
of  competent  authority  in  said  county,  for  any  offense,  to 
pay  a  fine  and  to  be  committed  until  such  fine  is  paid,  such  person 
shall  be  committed  to  the  Monroe  county  penitentiar)-,  instead  of  the 
county  jail,  and  may  be  so  sentenced  by  the  court  before  whom  such 
person  shall  be  tried,  and  shall  be  received  into  said  penitentiary, 
and  be  there  kept  and  employed  at  labor  in  the  same  manner  as 
other  convicts  in  said  penitentiar)-,  and  shall  be  in  like  manner  subject 
to  the  rules  and  discipline  of  said  penitcntiarv. 

§  3.  For  what  offences  persons  ma\  be  com  milted 
In  all  cases  arising  in  the  county  of  Monroe,  where  any  per.son 
shall  be  convicted  before  any  court  or  magistrate  of  said 
county,  or  of  the  city  of  Rochester,  of  the  offense  of  drunken- 
ness, vagrancy,  or  disorderly  conduct,  or  shall  be  required  to 
give  security  to  keep  the  peace,  or  for  good  behavior,  if  such 
security  shall  not  be  given  to  the  satisfaction  of  such  court  or 
magistrate,  such  person  may  be  committed  or  sentenced   as  the  case 

•So  in  the  origin.il. 


370  Special  Laws  ok  thk 

may  require,  by  such  court  or  officer,  to  imprisonment  at  lalior,  in  the 
Monroe  county  penitentiary,  for  a  term  not  exceeding  three  months, 
in  the  discretion  of  such  court  or  magistrate.  All  persons  so  sen- 
tenced or  ordered  to  be  committed,  shall  be  received  into  said  pen- 
itentiary, and  be  employed  at  labor  therein,  and  be  subject  to  the  rules 
and  discipline  thereof,  until  discharged  according  to  law. 

§  4.     When   in  effect — This  act  shall  take  effect  immediately. 

Note — See  Old  Charter,  §  264,  this  hook,  p.  274, 


PARKS 

An  Act  to  provide  for  the  improvement  and  care  of  private 

PARKS    in    the    city    OF    ROCHESTER    IN    THIS    STATE.       (Z.    1880, 

Ch.  96). 

Section  1 .  Common  council  to  levy  annual  taxes  for  private 
parks — The  common  council  of  the  city  of  Rochester,  of  this  state, 
shall  annually,  upon  the  written  application  of  the  owners  of  more 
than  one  half  of  the  number  of  lineal  feet  front  of  all  the  land  on  any 
private  park  in  said  city,  le\y  a  tax  upon  all  such  land  for  the  pur- 
pose of  defraying  the  expenses  of  making  the  repairs  and  improve- 
ments of  such  park,  not  exceeding  in  any  one  year  one  dollar  per 
lineal  foot  front  of  all  land  on  such  park.  The  tax  shall  be  appor- 
tioned equally  upon  all  the  lands  so  on  such  park,  and  shall  be  col- 
lected at  the  same  time,  and  in  the  same  manner,  as  the  general  city 
tax  in  said  city.  The  amount  of  such  tax,  when  collected,  shall  be 
paid  by  the  city  treasurer  of  said  city  to  the  person  assigned  in  the 
application  to  receive  it.  {Ainended  L.  1888, C7/.  198;  Z.  1889,(7//.  410). 

§   2.     When    in  effect — This  act  shall  take  efifect  immediately. 


An  Act  to  authorize  the  selection,  location  and  acquiring 
OF  certain  grounds  for  public  parks  and  park-ways  in 
and  near  the  city  of  Rochester,  and  to  provide  for 
the  maintenance  and  embellishment  thereof.  (Z.  1888, 
Ch.    193). 

Section  i.     Commissioners  ;  term  of  office  and  vacancies — 

William  C.  Barry,  Henry  Bartholomay,  James  H.  Brown,  John  Ewing 
Durand,  George  W.  Elliott,  James  S.  Graham,  Halbert  S.  Greenleaf, 


City  of  Rochester  377 

John  (irccnwood,  James  W  .  Gillis,  lleni\-  1-.  1  Iuntin<^l(jii,  Josepli 
Cauffman,  William  S.  Kimball,  Mathias  Kondolf,  Bernard  J.  McQuaid. 
Kdward  M.  Moore,  (ieorge  N.  Newell,  Daniel  W.  Powers,  Mortimer 
F.  Reynolds,  Hiram  W.  Sibley,  \\illiam  Lee,  and  Alfred  Wright,  are 
hereby  appointed  commissioners  of  the  parks,  park-ways  and  ap- 
proaches thereof  which  may  be  created  pursuant  to  the  provisions  of 
this  act,  with  the  name  and  style  of  park  commissioners.  The  said 
park  commissioners  shall  hold  office  for  the  term  of  five  years  from 
the  hrst  day  of  May,  eighteen  hundred  and  eighty-eight,  and  until 
others  are  appointed  in  their  places.  In  case  any  of  the  persons 
above  named  shall  not  undertake  the  office  of  this  commission,  or  in 
case  of  a  vacancy  in  said  board  occasioned  by  expiration  of  terms  of 
office  or  otherwise,  such  vacancy  shall  be  filled  by  the  mayor  of  the 
city  of  Rochester  by  and  with  the  advice  and  consent  of  not  less  than  ■ 
two-thirds  of  all  the  members  of  the  common  council  of  said  city,  and 
the  person  so  appointed  shall  hold  his  office  for  the  term  of  five 
years  from  the  date  of  his  appointment,  and  until  another  shall  be  ap- 
pointed in  his  place,  except  that  when  a  person  is  appointed  to  a 
vacancy  occurring  before  the  term  of  office  in  which  the  vacancy 
occurs  shall  have  been  completed,  such  person  so  appointed  shall  hold 
his  office  for  the  remainder  of  said  term  of  five  years  not  completed  by 
his  predecessor,  and  until  another  shall  be  appointed  in  his 
place.  No  member  of  said  board  shall  receive  any  compensation  for 
his  services  ;  but  each  commissioner  shall  receive  his  actual  disburse- 
ments or  expenses  in  visiting  and  superintending  said  parks,  when 
done  by  the  direction  of  the  board  of  park  commissioners.  i^Amcnded 
I..  i(S9o,  Cli.  344;    /..  1H97,  CJi.  436;    /,.  1902,   Cli.  531). 

<j  1.  Officers — Every  commissioner  shall,  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  the  oath  prescribed  by  the 
constitution  of  the  state,  which  oath  shall  be  filed  in  the  office  of  the 
clerk  of  Monroe  county.  The  said  park  commissioners  shall  hold 
their  first  meeting  on  the  tirsi  Monday  of  May,  one  thousand  eight 
hundred  and  eighty-eight,  at  twelve  o'clock  noon,  at  the  mayor's  office 
in  said  city  ;  and  shall,  at  said  meeting,  elect  by  ballot  a  president, 
vice-president,  secretary,  and  a  treasurer  of  said  board  who  shall, 
except  the  secretar)-,  be  members  thereof. 

§  3.  Powers — The  said  park  conunissioners  shall  have  power 
to  select  and  locate  such  grovuids  in  and   near   the    citv  of   Rochester. 


378  Special  Laws  of   iiik 


as  may,  in  their  opinion,  be  proper  and  desirable  to  be  reserved,  set 
apart  or  acquired  for  one  or  more  public  parks  and  park-ways  be- 
tween such  public  parks  and  approaches  thereto,  and  streets  con- 
necting the  said  parks  ;  and  for  this  purpose  may  take  any  part  or 
parts  of  existing  streets  and  change  the  lines  thereof.  The  said 
park  commissioners  shall  make  such  selection  and  location  in  view 
of  the  present  condition,  future  growth  and  wants  of  said  city  as  they 
shall  deem  best  with  a  view  to  the  general  convenience  and  advantage 
of  residents  in  every  portion  of  said  city.  Within  ten  days  after  organ- 
ization, as  in  the  last  section  provided,  the  said  park  commissioners 
shall  proceed  to  have  surveys  and  plans  made,  and,  as  soon  as  practi- 
cable thereafter,  enter  into  agreements  of  purchase,  in  the  name  of  the 
city  of  Rochester,  of  lands  within  the  location  and  boundaries  by  them 
fixed  for  said  park,  parks,  park-ways,  streets  and  approaches,  for  which 
owners  will  make  contracts  of  sale,  and  the  same  shall  be  paid  for  out 
of  the  park  improvement  fund,  hereinafter  provided,  from  the  sale  of 
Rochester  park  bonds.  They  shall  report,  in  detail,  such  selection 
and  location  of  lands  purchased,  to  the  common  council  of  said  city  of 
Rochester,  on  or  before  the  first  day  of  January,  eighteen  hundred  and 
eighty-nine,  and,  from  time  to  time  thereafter,  when  requested  by  the 
common  council.  In  said  reports  the  said  park  commissioners  shall 
state  the  boundaries  of  the  grounds  located  by  them  for  the  park  or 
parks,  park-ways,  approaches  and  streets  by  them  laid  out  ;  al.so,  the 
name  or  names  of  said  park  or  parks,  park-ways,  approaches  and 
streets,  and  the  portions  thereof  then  acquired  by  gift  or  purchase. 
And  the  tracts,  pieces  and  parcels  of  land  which  may  be  described  in 
the  said  report,  are  hereby  declared  to  be  public  places ;  and  shall  be 
deemed  to  have  been  taken  and  acquired  by  said  city  of  Rociiester  for 
public  use,  as  and  for  a  public  park  or  parks,  park-ways,  public  streets 
connecting  the  same,  and  approaches  thereto.  All  p.irts  of  streets, 
avenues  and  highways  now  laid  out  as  running  through  said  lands  are 
hereby  closed  and  discontinued,  so  far  as  the  same  would  run  through 
or  intersect  any  of  said  lands,  except  park-ways  and  streets  connect- 
ing parks.  The  said  park  commissioners,  for  the  purpose  of  perform- 
ing the  duties  imposed  upon  them  by  this  section,  shall  have  power  to 
employ  a  surveyor  and  necessary  assistants,  at  a  yearly  expjnse  not 
exceeding  five  thousand  dollars,  and  the  same,  when  certified  by  said 
park  commissioners,  shall  be  a  charge  upon  the  city  of  Rochester,  and 
shall  be  paid  out  of  the  moneys  hereby  authorized  to  be  raised  for  the 


City  of  Rochester  379 


purposes  of  this  act.  Before  any  proceedings  shall  be  had  or  taken 
for  acquiring  the  title  to  any  real  estate,  except  by  gift,  or  for  a  nomi- 
nal consideration,  or  by  agreement  of  purchase,,  as  herein  provided,  the 
said  commissioners  shall  cause  to  be  made  a  map  of  the  land  which 
they  shall  determine  to  take  for  such  park  or  parks,  park-ways,  streets 
connecting  the  same,  and  approaches  thereto,  which  shall  be  certified 
by  the  president  and  said  surveyor,  or  a  majority  of  the  commissioners 
and  the  surveyor,  and  filed  in  the  ofiice  of  the  clerk  of  Monroe  county, 
and  a  copy  thereof  filed  in  the  office  of  the  clerk  of  the  city  of  Roch- 
ester.    (As  amended  L.  1890,  Ch.  344). 

Application  to  acquire  land — In  re  application  of  city  to  acquire  land 
for  park  purposes,  8  App.  Div.  609. 

«?  4.  Official  notices — Upon  filing  the  map  and  copy  mentioned 
in  the  foregoing  section,  the  common  council  of  said  city  shall,  at  the 
next  regular  meeting  of  the  common  council  thereafter,  by  resolution 
declare  that  the  said  city  intends  to  take  the  pieces  or  tracts  of  land 
described  in  the  said  map  for  a  public  park  and  shall  give  notice  of 
such  intention  by  publishing  the  same  in  the  otTicial  paper  of  the  city 
for  twenty  successive  week  days. 

Common  council  must  act  at  next  regular  meeting — In  re  appli- 
cation City  of  Rochester  to  accpiire  lands  of  I..hn  W.  Warrant  for  ])ark  jiurposes, 
^i    St.  Rep.  75. 

Publication  of  resolution  sufficient  notice  to  owners— In  re  appli- 
cation City  of  Rochester,  etc.,  137  N.  ^'.  2%},. 

§  5.  Condemnation  proceedings — At  the  next  regular  meet- 
ing of  the  connnon  council  after  the  expiration  of  the  said  publication, 
the  said  connnon  council  shall,  by  resolution,  declare  that  tiie  city 
of  Rochester  has  determined  to  take  and  appropriate  the  said  pieces 
or  tracts  of  land  for  the  purposes  aforesaid  ;  and  they  shall  give  notice 
of  such  determination  by  publishing  the  same  in  the  official  paper  of 
the  city  for  ten  successive  week  days  and  that  the  said  city  of  Roch- 
ester will,  on  .some  day  to  be  named  in  said  notice,  apply  to  the  su- 
preme court  of  the  state  of  Xew  \'ork.  in  the  judicial  district  in  which 
the  city  of  Rochester  is.  for  the  appointment  of  three  disinterested  com- 
missioners to  ascertain  and  report  the  just  compensation  to  be  paid  to 
the  person  or  persons  or  corporation  or  corporations  owning  or  having 
an  interest  in  said  pieces  or  tracts  of  land. 


380  Speci Ai     Laws   ok    ihe 

§  6.     Supreme    court    appoints    commissioners    On    the 

opening  of  such  court  on  the  day  designated  in  the  notice  mentioned  in 
the  next  preceding  section,  or  as  soon  thereafter  as  he  can  be  heard, 
the  city  attorney  of  said  city,  on  behalf  thereof,  shall,  upon  a  copy  of 
said  resolutions  certified  by  the  city  clerk,  and  upon  proof  of  the  due 
publication  of  said  notices,  apply  to  said  court  to  appoint  such  com- 
missioners. Such  court  shall  hear  such  application  and  shall  appoint 
three  commissioners  for  the  purposes  aforesaid.  If  any  commissioner, 
so  appointed  shall  die,  be  disqualified  or  decline  to  serve,  the  said 
court  may,  upon  application  of  the  said  city  attorney,  upon  like  notice, 
appoint  another  in  his  place.  Kach  of  said  commissioners,  from  the 
park  fund  herein  provided  shall  be  paid  ten  dollars  for  each  day  em- 
ployed as  such  commissioners. 

Qualifications   of  commissioners — In   re  appliealion  City  of  Rochester, 

etc.,  31    St.    Rl]).  7 ;. 

§  7.  Further  official  notice — The  three  commissioners  so 
appointed,  shall,  before  they  enter  upon  their  duties,  take  and  subscribe 
an  oath  to  be  administered  by  some  per.son  authorized  to  administer 
oaths,  faithfully  to  execute  their  duty  according  to  the  best  of  their 
ability.  They  shall  give  notice  of  the  time  and  place  of  their  meeting 
to  view  the  said  piece  or  tract  of  land,  and  to  take  evidence  as  to  the 
compensation  which  should  be  paid  therefor,  by  publishing  the  same 
in  the  official  paper  for  five  successive  week  days. 

§  8.  Awards  and  report — The  said  three  commissioners 
shall  together  view  such  property  and  receive  any  legal  evidence  as  to 
the  compensation  which  should  be  made  therefor,  or  for  any  part 
thereof,  and  may  adjourn  from  time  to  time.  They  shall  ascertain  and 
award  to  the  respective  owners  of  the  land  and  propert}'  to  be  taken 
and  to  all  persons  and  corporations  interested  therein,  such  compen- 
sation therefor  as  in  their  opinion  shall  be  just  and  proper.  The 
report  of  such  commissioners,  signed  by  all  or  by  a  majority  of  them, 
shall  be  filed  in  the  office  of  the  clerk  of  Monroe  county,  as  soon  as 
completed  :  and  the  said  report  shall  be  made  and  filed  within  one 
month  from  the  time  of  the  appointment  of  such  commissioners,  unless 
the  time  shall  be  further  extended  by  the  court  on  application  of  said 
city  attorney. 

Damages  to  adjacent  property  arising;  out  of  taking  park  lands — 
Haker  v.s.   C!ity  of  Roche.ster,   24  .Vp]).   I)i\ .  383. 


City  of  Rochkstkk  381 

§  9.  Common  council  to  confirm  the  report — After  the 
report  of  the  said  commissioners  shall  be  so  tiled  the  said  common 
council  shall  give  notice,  by  publishing  the  same  in  ten  successive 
numbers  of  the  official  paper  of  the  city,  that  they  will,  on  a  day  to  be 
specified  in  said  notice,  apply  to  the  said  supreme  court  of  the  state 
of  New  York  for  an  order  confirming  the  report ;  and  on  the  day  so 
appointed,  the  said  court,  upon  proof  of  the  due  publication  of  said 
notice,  as  in  this  section  provided,  shall  confirm  such  report,  and  shall 
make  an  order  of  contirmation  containing  a  recital  of  the  substance  of 
the  proceedings  in  the  matter  of  the  appraisal  and  a  description  of  the 
real  estate  appraised  for  which  compensation  is  to  be  made  :  and  shall 
also  direct  to  whom  the  money  is  to  be  paid,  or  in  what  bank  or  in 
what  manner  it  is  to  be  deposited. 

§  10.  Record  of  the  order — A  certified  copy  of  the  order  so 
to  be  made  as  aforesaid  shall  l)e  recorded  at  full  length  in  the  office  of 
the  clerk  of  the  county  of  Monroe  ;  and  thereupon  and  on  payment  or 
deposit  of  the  sums  to  be  paid  as  compensation  for  the  lands  so  taken, 
as  directed  by  the  said  order,  the  fee  of  the  said  lands  shall  vest  in  the 
said  city  of  Rochester  for  the  uses  and  purposes  named  in  this  act,  and 
the  same  shall  be  held  by  said  city  for  such  uses  and  purposes  forever. 
And  the  said  the  park  commissioners  shall  be  entitled  to  enter  upon, 
take  possession  of,and  forever  use  the  said  lands  for  the  purposes  of  a 
public  park  ;  and  the  same  shall  thenceforth  be,  for  all  pursoses  what- 
ever, part  of  the  park  or  parks  of  said  city  under  the  jurisdiction  and 
control  of  the  said  the  park  commissioners. 

5?  11.  Conflicting  claimants  It  there  shall  be  adverse  and 
coiiHicting  claimants  of  the  money,  or  any  part  of  it.  to  be  paid  as 
compensation  for  the  real  estate  taken  for  the  purposes  aforesaid,  the 
court  may  direct  the  moneys  to  be  paid  into  court  by  the  city,  and 
determine  who  is  entitled  to  the  same,  and  direct  to  whom  the  same 
shall  be  paid  :  and  may,  in  its  discretion,  order  a  reference  to  ascer- 
tain the  facts  on  which  such  determination  and  order  are  to  be 
made. 

§  \2.  To  amend  defects  The  s.iid  court  shall  have  power 
at  any  time  to  amend  any  defect  or  informality  in  anv  of  the  pro- 
ceedings to  ac(|uirc  title  to  the  said  land,  as  mav  be  necessarv. 


382  Special  Laws  of  thk 

§  13.  Perfecting  title  If,  al  any  time  after  an  attempt  to 
acquire  title  by  appraisal  as  aforesaid,  it  shall  be  found  that  the  title 
thereby  attempted  to  be  acquired  is  defective,  the  city  of  Rochester 
shall  proceed  anew  to  acquire  or  perfect  such  title  in  the  same  man- 
ner as  if  no  appraisal  had  been  made ;  and  at  any  stage  of  the  pro- 
ceedings, after  the  confirmation  of  the  report  of  the  said  commis- 
sioners, the  said  court  may  authorize  the  said  the  park  commissioners, 
if  in  possession,  to  continue  in  such  possession,  and  if  not  in  posses- 
sion, to  take  possession  and  use  such  real  estate  during  the  pendency 
and  until  the  final  conclusion  of  such  new  proceedings  and  may  stay 
all  actions  or  proceedings  against  the  park  commissioners,  or  against 
the  city  of  Rochester,  on  account  thereof,  upon  the  city  of  Rochester 
paying  into  court  a  suilficient  sum,  or  giving  such  security  as  the 
court  may  direct,  to  pay  the  compensation  therefor,  when  finally 
ascertained. 

§  14.  Covenants  discharged — In  all  cases  where  any  real 
estate  subject  to  any  lease  or  other  agreement  shall  be  taken  under  the 
proceedings  authorized  by  this  act,  all  the  covenants  and  stipulations 
contained  in  such  lease  or  agreement  shall,  upon  the  final  confirma- 
tion of  the  report  of  said  commissioners,  cease,  detennine  and  be 
discharged ;  and  in  all  cases  when  a  part  only  of  any  real  estate  shall 
be  so  taken,  the  said  covenant  and  stipulation  shall  be  so  discharged 
only  as  to  the  part  so  taken,  and  the  supreme  court  of  the  state  of 
New  York  may,  on  the  application  of  any  party  in  interest  to  such 
lease  or  agreement,  and  after  a  notice  in  writing  of  eight  days  upon 
the  other  parties  interested,  appoint  three  disinterested  freeholders  of 
the  city,  residents  therein,  to  determine  the  rents,  payments  and  con- 
ditions which  shall  thereafter  be  paid  and  performed  under  such 
lease  or  agreement,  in  respect  to  the  residue  of  such  real  esiate ;  and 
the  report  of  the  said  freeholders,  on  being  confirmed  by  the  court, 
shall  be  binding  and  conclusive  on  all  persons  interested  in  such 
real  estate. 

§  15.  Rochester  park  bonds — I'or  tlie  purpose  of  paying 
for  the  lands  whicli  may  be  taken  or  purchased  under  the 
provisions  of  this  act,  and  for  the  purpose  of  laying  out,  im- 
proving or  embellishing  the  park  or  parks,  park-ways,  approaches 
thereto,  and  connecting  streets  created  under  the  provisions  of 
this    act,    and    the    expenses    of    acquiring    title    thereto  under   the 


City  of  Rochester  .  383 


provisions  of  tliis  act,  the  bonds  of  the  city  of  Rochester,  to 
such  an  amount,  not  exceeding  three  hundred  and  sixty  thousand 
dollars,  as  shall  be  necessary,  shall  be  issued  by  the  treasurer  of  said 
city,  from  time  to  time,  as  the  same  shall  be  required  for  the  purposes 
aforesaid.  Said  bonds  shall  be  known  as  the  "  Rochester  Park 
Bonds,"  and  shall  be  signed  by  the  mayor  and  treasurer,  and  the  seal 
of  the  city  of  Rochester  affixed  thereto ;  shall  be  countersigned  by  the 
president  of  said  board  of  park  commissioners,  and  shall  be  payable 
in  not  less  than  ten  nor  more  than  forty  years  from  the  date  thereof ; 
shall  bear  interest  at  a  rate  not  exceeding  four  per  centum  per  annum, 
interest  and  principal  payable  in  the  city  of  New  York  ;  interest  pay- 
able half  yearly  on  the  first  day  of  January  and  July  in  each  year; 
and  said  bonds  shall  be  payable  at  the  option  of  said  city  after  ten 
years  from  the  issue.  And  the  proceeds  of  the  sale  of  said  bonds 
shall  constitute  the  funds  for  paying  the  cost  of  the  lands  taken  under 
the  provisions  of  this  act,  and  the  expenses  of  acquiring  title  thereto, 
and  for  the  laying  out.  improvement  and  embellishment  thereof. 
And  the  treasurer  of  said  city  shall  pay,  on  the  order  of  said  park 
commissioners,  the  sums  which  may  be  awarded  as  above  provided  to 
the  owner  or  owners  or  persons  in  any  way  interested  in  the  lands 
which  shall  lie  taken  pursuant  to  the  provisions  of  this  act,  and  the 
purchase  price  of  lands  obtained  by  agreement  of  purchase  by  said 
park  commissioners.  And  as  the  said  bonds  are  from  time  to  time 
issued,  the  treasurer  shall  cause  to  be  kept  in  his  office,  in  a  book  to 
be  provided  for  that  jnirpose,  a  true  and  correct  statement  and  an 
account  of  each  and  every  bond  issued  under  the  provisions  of  this 
act.  showing  the  nuinl)er  of  e;u  ii  bond  ami  the  d.ite  and  the  amount 
thereof,  and  the  time  when  due  ;  and  such  books  shall  be  open  for 
public  inspection,  and  shall  be  delivered  to  his  successor  in  oftice. 
(^Is  amciidid,  /,.   1.S95,  Cli.  958). 

This  act  shall  not  be  construed  to  authorize  the  bonds  of 
said  city  to  be  issued  to  an  amount  exceeding  sixty  thousand  dollars 
in  addition  to  the  bonds  already  issued  for  park  purpo.ses  in  pursu- 
ance of  the  act  above  referred  to,  and  the  proceeds  of  the  additional 
bonds  authorized  under  the  |)rovisions  of  this  act  shall  be  used  only 
in  the  purchase  of  such  lands  and  interest  therein  for  park  purpo.ses 
as  the  common  council  of  said  city  may  approve.  (Z.  1895,  Ch. 
05«-  5?  1). 


384  Si'ECiAi,   Laws  or  thk 


ji  1 6.  How  bonds  may  be  issued — The  bonds  of  tlie  city 
of  Rochester  which  shall  be  issued  by  virtue  of  this  act,  bearing  a 
rate  of  interest  not  greater  than  four  per  centum  per  annum,  shall  be 
sold  by  the  city  treasurer  at  public  sale  to  the  highest  bidder,  after 
ten  days  notice  published  in  such  newspaper  as  the  said  park  com- 
missioners shall  designate,  but  at  not  less  than  par.  And  the  pro- 
ceeds of  such  sale,  including  the  premium  if  any  be  received  therefor, 
shall  be  paid  to  the  treasurer  of  said  city,  and  said  treasurer  shall, 
with  the  concurrence  of  the  mayor  of  said  city,  on  the  request  of  a 
majority  of  said  park  commissioners  by  resolution  adopted  at  any 
regular  meeting  thereof,  pledge  any  of  said  bonds  for  money  bor- 
rowed temporarily  and  for  the  purposes  of  this  act,  at  a  rate  of 
interest  not  exceeding  four  per  centum  per  annum. 

§  17.  Park  lands  security  for  the  bonds — The  lands  hereby 
authorized  to  be  taken  by  said  city  for  a  public  park  or  park-ways, 
approaches  thereto,  and  streets  connecting  the  .same,  are  hereby 
pledged  for  the  payment  of  the  bonds  which  may  be  issued  by  virtue 
of  this  act. 

$  18.  Redemption  of  bonds — In  order  to  provide  for  the 
payment  of  the  interest  and  principal  of  the  bonds  hereby  authorized 
to  be  issued  by  said  city,  there  shall  be  added  to  the  general  city  tax 
of  the  city  of  Rochester  at  large,  in  the  year  when  the  first  issue  of 
bonds  hereby  authorized  shall  be  made,  and  each  year  thereafter, 
such  sum  of  money  in  each  of  said  years  as  shall  be  required  to  pay 
the  interest  upon  the  bonds  which  shall  have  been  issued  pursuant 
to  the  provisions  of  this  act,  and  also  a  sum  of  money  equal  to  one 
per  centum  upon  the  whole  amount  of  the  bonds  issued  pursuant  to 
this  act.  And  such  sums  of  money  as  may  be  raised  by  taxation 
pursuant  to  this  act.  shall  be  applied,  first,  to  the  payment  of  the 
interest  upon  the  bonds  issued  pursuant  to  the  provisions  of  this 
act,  and  such  sums  of  money  raised  as  aforesaid,  as  ma\'  remain 
after  the  payment  of  said  interest  shall  be  held  by  the  treasurer  of 
said  city,  and  shall  be  u.sed  by  said  treasurer  in  the  redemption  and 
payment  of  any  of  said  bonds  which  may  be  presented  for  payment, 
even  though  the  same  may  not  be  due.  It  shall  be  the  duty  of  the 
treasurer  of  said  citv  to  estimate  and  ascertain  the  amounts  required 


CiTv  OK   Rochester  885 

to  be  adcled  to  the  general  city  tax  of  said  city  of  Rochester  by  vir- 
tue of  this  act,  and  to  transmit  a  statement  each  year  to  the  common 
council  of  said  city,  in  time  to  have  such  amount  included  in  the 
ji;eneral  tax  of  said  city  for  that  year :  and  it  shall  be  the  duty  of  said 
common  council  to  cause  such  amount  to  be  included  in  such  general 
tax.  And  said  common  council  shall  annually  provide  by  tax  for 
the  payment  of  the  principal  and  interest  of  the  bonds  issued  pursuant 
to  the  provisions  of  this  act. 

§  ig.  Rules,  etc.,  of  board — A  majority  of  the  board  of  said 
park  commissioners  shall  constitute  a  cjuorum  for  the  transaction  of 
business.  The  said  board  shall  have  the  full  and  exclusixe  control 
to  make  rules  and  by-laws  for  the  orderly  transaction  of  their  business  ; 
to  govern,  manage,  direct,  layout  and  regulate  the  said  park  or  parks, 
park-ways,  the  approaches  thereto  and  the  streets  connecting  the 
same  ;  to  appoint  such  engineers,  clerks  and  other  officers,  excepting 
police,  as  may  be  necessary  ;  to  prescribe  and  dehne  their  respective 
duties,  and  to  tix  the  amount  of  their  compensation  and  generally,  in 
regard  to  the  said  park  or  parks,  park-ways,  the  approaches  thereto 
and  the  streets  connecting  the  same,  they  shall  possess  all  the  power 
and  authority  now  b\-  law  conferred  on,  or  possessed  by  the  common 
council  of  said  city,  in  respect  to  the  public  places  in  said  city. 
{Ameiuh'd  /..  1S90,  C/i.  ;^44  :    /..   1900.  C/i.  4S4). 

§  20.  Commissioners  cannot  be  interested  it  shall  be  a 
misdemeanor  for  any  commissioner  to  be  directly  or  indirectly  in  any 
way  pecuniarily  interested  in  any  contract  or  work  of  any  kind  what- 
ever connected  with  said  park  or  parks,  park-ways,  a|)|)r(taches  thereto 
or  streets  connecting  the  same  ;  and  it  shall  be  the  duty  of  any  com- 
missioner or  other  person  who  may  have  knowledge  or  information  of 
the  violation  of  this  jirovision,  forlhwith  to  report  the  same  to  the 
mayor  of  the  city  of  Rochester  who  shall  present  the  facts  of  the  ca.se 
to  the  sujireme  court  of  the  state  of  New  \'ork.  The  said  court  shall 
hear  in  a  summarv  manner  such  commissioner  in  relation  thereto,  and 
any  evidence  he  may  offer  ;  and  if,  after  such  hearing,  the  said  court 
shall  be  satistied  of  the  truth  of  the  said  charge,  the  ju.stice  holding 
the  same  shall,  by  an  order  of  said  court,  to  be  made  at  chambers  or 
in  term,  ininiediatelv  remove  the  said  commissioner. 


3}^<j  Si'iA  i\i.    I,\\vs  ()|-    iHK 

§  2  1.  Annual  reports  The  said  park  commissioners  shall,  in 
the  month  of  March  in  each  year,  make  to  the  common  council  of  said 
city  a  full  report  of  their  proceedings  and  a  detailed  statement  of  all 
their  receipts  and  expenditures. 

§  22.  Powers  of  the  commissioners — Whenever  the  city  of 
Rochester  shall  have  become  vested  with  the  titles  of  the  lands  taken 
pursuant  to  this  act,  it  shall  be  lawful  for  the  said  park  commissioners 
to  let  from  year  to  year  any  buildings  and  the  grounds  attached 
thereto  which  may  be  within  the  bounds  of  the  lands  so  taken,  until 
the  same  shall  be  required  for  the  laying  out,  regulation  and  improve- 
ment of  the  land  so  taken  ;  and  the  said  the  park  commissioners  may 
sell  any  buildings,  improvements  and  other  materials .  within  the 
boundaries  of  the  lands  so  taken  and  belonging  to  said  city,  which, 
in  their  judgment,  shall  not  be  required  for  the  purposes  of  the  said 
park  or  parks,  park-ways,  approaches  thereto  and  streets  connecting 
the  same  ;  and  the  proceeds  of  such  leases  and  sales  shall  be  deposited 
with  the  treasurer  of  said  city,  to  the  credit  of  the  said  the  park  com- 
missioners, and  used  by  them  for  the  improvement  of  the  said  park 
or  parks,  park-ways,  approaches  thereto  and  streets  connecting  the 
same. 

§  23.     Railways,    hacks    and    refreshment    stands  —  The 

said  the  park  commissioners  shall  ha\e  the  power,  upon  such 
terms,  or  upon  the  payment  of  such  yearly  license  fee  or  per 
capita  tax  as  the  park  commissioners  may  prescribe,  to  grant  to 
any  street  railway  company  in  said  city  the  privilege  of  laying  down 
and  operating  a  railway  for  the  carriage  of  passengers  only,  through 
the  said  connecting  streets  and  approaches ;  and  shall  have  the 
power  upon  like  terms  to  grant  to  any  street  railway  company  in  said 
city,  the  privilege  of  laying  down  and  operating  a  railway  upon  the 
surface  of  the  ground  in  said  parks,  for  the  carriage  of  passengers 
only  ;  and  ever)-  grant  or  consent  heretofore  given  by  the  said  park 
commissioners  to  any  street  railway  company  in  said  city,  to  lay  down 
and  operate  a  railway  for  the  carriage  of  passengers  only,  upon  the 
surface  of  the  ground  in  said  parks,  which  grant  or  consent  has  been 
followed  by  the  construction  and  operation  of  such  railway,  are,  and 
each  of  said  consents  is  hereby  validated,  approved  and  ratified  with 
the  same  force  and  effect  as  if  such  consents  and  each  of  them  had 


City  ok  Rochester  3^7 

been  given  after  the  passage  of  this  act ;  but  no  street  railway  or 
other  railwa)-,  or  wagon  or  carriage  except  for  carrying  passengers, 
nor  any  line  of  telephone  or  telegraph  poles  shall  enter  upon,  in  or 
through  the  said  park  or  parks  except  with  the  consent  of  said  com- 
missioners. The  said  park  commissioners  shall  have  power  to  license 
hacks  for  use  in  said  park  or  parks,  to  let  from  year  to  year,  or  for 
any  term  not  exceeding  three  years,  the  right  to  sell  refreshments 
within  the  said  park  or  parks,  under  such  regulations  as  the  said  the 
park  commissioners  shall  prescribe.  Any  and  all  sums  of  money 
which  may  be  received  by  the  said  the  park  commissioners,  pursuant 
to  this  section,  shall  be  devoted  to  the  improvement  of  the  said  park 
or  parks,  park-ways,  approaches  thereto,  or  streets  connecting  the 
same ;  but  all  such  money  shall  be  deposited  each  month  with  the 
city  treasurer,  and  by  him  be  placed  to  the  credit  of  the  park  improve- 
ment fund,  as  an  addition  thereto.     (As  amctuicii  L.  1903,  C/t.  607). 

§   24.     Care  of  public  parks  and   squares;    planting  and 

care  of  trees — .Said  park  commissioners  shall  also  have  the  care, 
maintenance  and  control  of  all  the  public  parks  and  public  squares 
within  the  city  of  Rochester.*  Said  park  commissioners  shall  have 
power,  by  contract  or  otherwise,  to  plant  trees  in  the  public  streets, 
parks,  squares,  avenues  and  alleys  of  said  city  and  to  cause  the 
expen.se  thereof,  with  the  ex]Knse  of  the  care  of  such  trees  for  three 
years  after  such  planting,  to  be  assessed  upon  the  lots  and  parcels  of 
land  which  they  may  deem  benefited  thereby.  Whenever  said  park 
coiniuissioners  shall  delcnniiie  t(»  plant  such  trees  they  shall  adopt  a 
resolution  specifying  the  improvement,  the  estimated  expense  and  the 
territory  to  be  assessed.  They  shall  then  cause  to  be  published  in 
one  of  the  newspapers  of  said  city  a  notice  stating  when  and  wlure 
they  will  take  further  action  with  reference  to  said  improvement.  .Vt 
the  time  and  place  given,  or  such  other  time  or  times  to  which  post- 
ponements may  be  had,  after  hearing  all  i)ersons  appearing,  they 
shall,  by  resolution,  direct  the  amount  to  l)e  assessed  against  each  lot 
or  parcel  of  land,  and  their  assessment  shall  be  deemed  to  include  all 
lots  or  parcels  of  land  benetited.  ( )n  or  before  the  first  day  of  Febru- 
ary of  each  year  they  shall  cause  to  be  delivered  to  the  city  assessors 
a  certified  copy  of  all  such  resolutions,  not  previously  certified,  and  in 
the  preparation  of  the  assessment  rolls  for  general  city  taxes  for  that 
year,  said  assessors  shall  insert  against  each  \o\.  or  parcel  of  land  the 


3ys  Special   I.wv^  <>i    iiik 

aiuoiuU  so  certiticd.  Such  assessments  shall  be  collected  and  the 
payment  thereof  enforced  with,  and  in  like  manner  as,  the  general  city 
taxes,  in  said  city  and  when  paid  shall  be  placed  by  the  city  treasurer 
to  the  credit  of  the  improvement  on  account  of  which  they  were  col- 
lected. Said  park  commissioners  shall  also  have  power  to  cause  any 
of  the  trees  in  the  public  streets,  parks,  squares,  avenues  and  alleys 
of  said  city  to  be  removed,  pruned  and  trimmed  when  owned  by  the 
city  and  whenever  required  for  a  necessar}-  public  improvement,  and 
in  any  other  case,  with  the  consent  of  the  owner  of  such  trees,  or  after 
making  compensation,  to  be  agreed  upon  or  determined  by  proceed- 
ings taken  under  the  condemnation  law.  The  compensation  allowed 
and  expenses  of  such  proceedings  may  be  paid  out  of  the  funds  of 
said  park  commissioners  or  assessed  and  collected  as  hereinbefore 
provided  in  the  case  of  the  planting  of  trees.  Said  park  commission- 
ers shall  also  have  the  power  to  pass  ordinances  to  protect  and  pre- 
serve all  trees  in  the  public  streets,  parks,  squares,  avenues  and  alleys 
of  said  city  and  to  regulate  and  prohibit  the  planting  of  such  trees,  a 
violation  of  which  ordinances  shall  be  a  misdemeanor  and  shall  sub- 
ject the  offender  on  conviction  to  a  fine  of  not  exceeding  one  hundred 
dollars  or  to  imprisonment  not  exceeding  thirty  days,  or  both  in  the 
discretion  of  the  court.  No  officer,  contractor,  or  agent  of  said  city 
shall  hereafter  interfere  in  any  way  with  trees  in  the  public  streets, 
parks,  squares,  avenues  and  alleys  of  said  city  without  first  procuring 
a  written  consent  from  said  park  commissioners  or  such  officer  or 
committee  as  maybe  designated  by  them.  {Amended  L.  1894,  Ch. 
393;  L.  1895,  C/i.  708;  /..  1896.  Ch.  511:  /.  1897.  Ch.  745; 
L.  1903,  Ch.  58). 

Park  board    cannot    remove    trees    arbitrarily — Kllison    vs.    Allen. 
30  N.  ^■.  .Supp.  ^4 1 , 

ii   25.     Appropriation  for  repairs  and  improvements — The 

board  of  estimate  and  apporlionnient  of  said  city  shall  every  year 
estimate  and  the  common  council  shall  appropriate  for  the  said  park 
commissioners,  such  sum  of  money  as  they  shall  require,  and  as  to 
said  boards  shall  appear  reasonable  and  just,  for  the  government, 
maintenance,  extension  and  improvement  of  said  park  or  parks,  park- 
ways, approaches  thereto  and  streets  connecting  the  same,  and  for 
keeping   in    repair   the   improvements  and  .structures  therein,  and  for 


ClIV    OK    ROCHKSTER  3^9 

providing  a  suitable  otiicc  for  said  commissioners,  for  the  maintenance 
of  small  parks  in  said  city  and  care  of  shade  trees  in  said  small  parks 
and  the  streets,  avenues  and  alleys  of  said  city.  The  sum  of  money 
appropriated  pursuant  to  this  section  shall  l)e  raised  in  the  annual 
levy  of  taxes.  iAviciidi-tl  I..  i(S()o.  i'/i.  34^  ;  /..  1S95,  Ch.  708:  /,. 
1900.  Ch.  4X4:    /..  190;^.  ('//.  58). 

5;  26.  Treasurer's  receipts  and  payments  1  he  money 
raised  by  the  sale  of  the  bf)ncls  issued  pursuant  to  the  jirovisions  of 
this  act  shall  be  deposited  as  fast  as  the  same  shall  be  realized  with 
the  treasurer  of  the  city  of  Rochester,  who  shall  keep  a  separate 
account  of  all  moneys  received  by  him  for  the  la}ang  out  and 
improvement  of  the  park  or  parks,  park-ways,  approaches  thereto,  and 
streets  connecting  the  same,  to  be  known  as  the  '•  park  improvement 
fund"  He  shall  hold  all  such  moneys  on  account  of  and  for  the  pur- 
poses of  said  improvements,  and  the  expenses  herein  authorized,  and 
shall  pay  them  out  as  pro\ided  in  this  act,  and  not  otherwise.  The 
said  park  commissioners  shall  draw  their  drafts  upon  the  said 
treasurer,  signed  by  their  president  and  secretary,  for  all  claims, 
charges  and  expenses,  authorized  and  incurred  by  the  commission  in 
laying  out  and  improving  of  said  park  or  parks,  park-ways,  approaches 
thereto,  and  streets  connecting  the  same,  specifying  in  such  drafts  the 
purpo.se  for  which  they  are  drawn,  and  the  treasurer  shall  pay  the 
same  out  of  the  improvement  moneys,  upon  the  presentation  of  said 
drafts.  The  moneys  voted  by  the  common  council  pursuant  to  sec- 
tion twenty-five  of  this  act,  shall  be  deposited  with  the  treasurer  of 
.said  city,  who  shall  keep  a  .separate  account  of  all  such  moneys,  ami 
the  same  shall  be  known  as  the  "  park  maintenance  fund,"  which  may 
be  used  for  any  park  purposes  except  that  of  purchasing  land  ;  and 
he  shall  pay  them  out  upon  the  drafts  of  said  park  commissioners 
issued  in  the  form  and  manner  prescribed  by  this  section,  and  not 
otherwise  ;  and  the  said  treasurer  shall  pay  the  said  drafts  out  of  the 
.said  "  park  maintenance  fund,"  upon  the  presentation  of  said  drafts. 
(As  afUfriiiiJ  J .   iSqo,  Ch.  .^44). 

§  27.  Prohibition  iigainsl  debt,  etc.  None  of  the  said 
park  commissioners,  nor  any  person,  whether  in  the  employ  of  said 
commis.sioners  or  otherwise,  shall  have  the  power  to  create   any  debt. 


.'}'.)()  Si'KciAi,    Laws  ok  tiik 

ol)ligation,  claim  or  liability,  for  or  on  account  of  the  said  the  park 
commissioners,  except  with  the  express  authority  of  said  comniis- 
^inncrs,  conferred  at  a  meeting  thereof  duly  convened  and  held. 

$  28.  Absence  from  meetings — The  office  of  any  of  the  said 
park  commissioners  who  shall  not  attend  the  meetings  of  the  said 
board  of  the  said  park  commissioners*  for  three  successive  months, 
after  having  been  duly  notilied  of  said  meetings,  without  reason  there- 
for satisfactory  to  said  board,  or  without  leave  of  absence  from  said 
board,  shall  by  said  board  be  declared  vacant,  and  the  term  of  office 
of  said  commissioner  shall   be  ended  thereby. 

^  29.  Grants  and  bequests — Real  and  personal  property 
may  be  granted,  bequeathed,  devised  or  conveyed  to  the  said  city  of 
Rochester,  for  the  purpose  of  the  extension,  improvement  or  ornamen- 
tation of  the  said  park  or  parks,  park-ways,  approaches  thereto  and 
streets  connecting  the  same,  or  for  the  establishments*  or  maintenance 
therein  of  museums,  zoological  or  other  gardens,  collections  of  natural 
history,  observatories,  libraries,  monuments,  works  of  art,  or  bathing 
facilities,  upon  such  trusts  and  conditions  as  maybe  prescribed  by  the 
grantors,  or  devisors  thereof,  and  agreed  to  by  the  said  park  commis- 
sioners. All  property  so  devised,  granted,  bequeathed  or  conveyed 
heretofore  to  the  city  of  Rochester,  within  the  boundaries  of  the  sys- 
tem of  parks,  park-ways,  streets  and  approaches,  under  this  act  located 
by  the  park  commissioners  or  hereafter  for  the  purposes  of  this  act 
acquired  by  the  city  of  Rochester,  and  the  rents,  issues,  profits  and 
income  thereof,  shall  be  subject  to  the  exclusive  management,  direc- 
tion and  control  of  the  said  the  park  commissioners.  All  other  lands 
acquired  by  the  said  city  of  Rochester,  under  the  provisions  of  this 
act,  except  lands  received  by  gift,  whenever  the  board  of  the  park 
commissioners  shall  determine  the  same  or  any  parcel  thereof  is  unne- 
cessary to  be  longer  used  for  the  purposes  of  the  commission,  may  be 
sold  at  public  auction  after  twenty  days  notice  thereof  in  the  official 
paper  of  the  city  by  the  city  treasurer.  The  deed  thereof  shall  be 
executed  to  the  purchaser  by  the  mayor  of  the  city,  and  the  purchase 
price  thereof  paid  to  the  city  treasurer  and  put  to  the  credit  of  the 
park  improvement  fund,  as  an  addition  thereto. 

*So  in  the  ori"inal. 


Cn\     <>(      k(H  IIK>IKK  olH 


S  29,  Supra,  is  constitutional  —  In  re  applii-aiinn  <  iiy  of  K...liest-r  to 
ar(|uiit-  lands  for  park  purposes,  137  N.  W  J4  ,. 

Park   lands  cannot  be  acquired  for    the    purpose    of    re-selling, 

lull  unnecessary  lands  may  be  disposed  of.  and  the  jirovision  of  §  29,  st//>m, 
aulhori/.ing  sale,  does  not  render  the  art  void— In  le  apjilitatinn  ("itvof  Koch- 
ester,  etc.,  4S  St.  Rep.    ^^S. 

ii  30.  Park  ordinances  li  shall  he  lawful  for  said  ho.ircl  of 
ihc  park  commissioners,  at  any  meetin*:;  thereof  duly  convened,  to  pass 
such  ordinances  as  they  may  deem  necessary,  for  the  use,  regulation, 
protection  and  goxernmcnt  of  the  said  park  or  parks,  park-ways,  ap- 
proaches thereto,  and  streets  connecting  the  same,  not  inconsistent 
with  the  ordinances  of  the  city  of  Rochester  or  with  the  provisions  of 
this  act  ;  such  ordinances  shall,  immediately  upon  their  passage,  be 
published  for  ten  days  in  two  daily  newspapers  published  in  said  (  itv. 
one  of  which  shall  be  the  official  pa]')er. 

>;  31.  Penalties  for  violation  of  park  ordinances  All  per- 
sons offending  against  such  ordinances  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  pimished.  on  conviction,  before  any  court 
or  magi.strate  of  competent  jinisdiction  in  the  city  of  Rochester,  by  a 
fine  not  exceeding  one  himflred  dollars  or  b\-  imprisonment  not  ex- 
ceeding thirt\  da\s.  or  both,  at  the  discretion  of  the  court. 

§  32.  Proceedings  in  supreme  court — All  proceedings  in 
any  court,  contemplated  by  this  act  shall  l)e  had  in  the  supreme  court 
of  the  state  of  New  \'ork.  except  under  the  last  preceeding  section. 
\\'hene\er  in  this  ai  t  the  words  ••  streets  connecting"  are  used,  the 
same  refer  only  to  streets  within  the  boundaries  of  the  grounds  located 
by  the  board,  and  reported  to  the  common  council  under  section  three 
of  this   ac  t. 

ij  33.  City  officials  Ineligible  as  coninii.s.-^ioners  No  offi- 
cer of  the  said  city  ot  Rochester,  receiving  a  tee  01  s.ilaiy  for  his  serv- 
ices except  connnissioner  of  deeds,  shall  be  eligible  to  the  office  of  a 
park  commissioner,  and  acceptance  bv  anv  park  connnissioner  of  such 
elective  or  appointed  office  of  said  i  itv.  shall  vacate  his  said  office  as 
park   conniiissione! . 

§  34.  Police  protection  to  be  pr<)\  ided  b\  llic  coinniis- 
sioner  of  public  safety  of  the  citN  of  Rochester — it  shall  be  the 
dntv  of  the  c onuiiissioner  n|   iniiiiir  s.ifetx   of  the   i  itv  of    Rochester   to 


.■['.•l!  Si^KciAi,    Lwv.s  (II-    riiK 

provide  police  protection  for  llie  parks,  park-ways,  the  approaclies 
thereto  and  the  streets  connecting  the  same.  Said  commissioner  ot 
public  safety  shall  within  thirty  days  after  this  act  takes  effect,  provide 
for  the  physical  examination  of  all  members  of  the  existing  park  police 
force  and  shall  appoint  all  members  of  said  park  police  force  who  are 
found  on  such  examination  to  be  physically  qualified  for  police  duty, 
to  be  members  of  police  force  of  said  cit}'.  {Added  l>y  I..  1900, 
Ch.  484). 

«}  35.     When  in  effect — This  act  siiall  take  effect  iminediatclv. 


An  Act  to  authorize  the  construction  and  maintenance  01 
park  boulevards  in  and  near  the  city  of  rochester, 
and  provide  for  the  cost  and  expense  thereof.  (z.  1 89  i  . 
Ch.  317). 

Section  i.  Powers  of  commissioners — The  park  commis- 
sioners of  the  city  of  Rochester,  in  addition  to  the  powers  already 
granted  to  them  by  chapter  one  hundred  and  ninety-three  of  the  laws 
of  eighteen  hundred  and  eight}'-eight,  and  the  amendments  thereto, 
shall  have  power  to  select  and  locate  such  grounds  in  and  near  tlie 
city  of  Rochester,  as  may  in  their  opinion  be  proper  and  desirable  to 
be  reserved,  set  apart  or  acquired  for  one  or  more  public  park  boule- 
vards, and  for  this  purpose  may  take  any  part  or  parts  of  existing 
streets  in  said  city  and  change  the  lines  thereof,  and  may  take  by  gift, 
or  purchase,  or  may  acquire  by  condemnation  proceedings,  such  land 
or  lands  as  may  to  them  seem  necessary  for  such  purposes. 

§  2.  Resolution  of  commissioners — Whenever  said  park 
commissioners  shall  determine  to  lay  out  any  park  boulevard,  they 
shall  at  a  regular  meeting  of  said  commissioners  by  resolution  de- 
clare such  determination,  and  shall  cause  an  estimate  of  the  cost  and 
expenses  of  such  improvemen*  to  be  made,  and  they  shall  describe 
and  declare  the  portion  or  part  of  the  cit}^  of  Rochester,  which  they 
deem  proper  to  be  assessed  for  the  expense  of  such  improvement, 
and  if  in  the  judgment  of  said  commissioners  a  part  of  such  expense 
should  be  paid  by  the  city  at  large,  they  shall  declare  what  part  or 
portion  of  such  expense  shall  be  paid   from  the   public  treasuiy  and 

*So  in  the  original. 


('iTV    f)l'     1<0(  IIKS'IKK  '',98 

what  part  or  portion  thereof  shall  be  assessed  on  the  lerritf)ry  de- 
clared by  theiM  to  be  benefited.  Where  the  taking  of  land  or  the 
acquirement  of  a  right  (jr  easement  therein  is  necessary,  it  shall  not 
be  necessary  to  include  the  damage  and  charges  therefor  in  the 
estimated  expense. 

<}  3.  Certificate  to  common  council — As  soon  as  practicable 
after  the  adoption  by  said  crjuimissioners  of  a  resolution  as  in  .section 
two  herein  provided,  said  commissioners  shall  certify  to  the  com- 
mon council  of  the  cit\'  of  Rochester  a  copy  of  such  resolution,  with 
a  minute  of  all  the  proceedings  relating  thereto,  containing  a  de- 
.scription  of  the  proposed  improvement,  the  estimated  expense  of 
the  same,  the  proportion,  if  any,  ot  the  cost  of  such  improvement  to 
be  paid  from  the  public  treasuiy.  and  the  portif)n  or  part  of  the  city 
to  be  assessed. 

§  4.  Action  of  common  council— At  a  regular  meeting  of 
the  common  council  of  the  city  of  Rochester,  held  after  such  resolu- 
tion shall  have  been  certitied  to  it  the  said  common  council  shall 
proceed  to  consider  said  resolution,  and  the  improvement  proposed 
thereby,  and  shall  take  action  thereon  in  the  .same  manner  as  action 
is  had  and  taken  by  it  on  matters  of  public  improvements  under  the 
provisions  of  the  charter  of  the  city  of  Rochester,  except  that  it  shall 
not  be  necessary  for  said  conmion  council  to  have  any  further  esti- 
mate of  the  cost  or  expense  of  such  improvement  other  than  is  fur- 
nished bv  such  resolution. 

§  5.  Acquiring  title  of  lands  Whenever  the  common  council 
shall  determine  to  make  any  of  the  im|:)ro\enients  in  this  act  author- 
ized, and  it  shall  be  necessary  for  the  purpose  of  such  improvement 
tf)  acquire  title  to  the  lands  of  any  person  or  corporation,  the  city  of 
Rochester  is  hereby  authorized  and  empowered  to  acquire  such  lands, 
or  any  rights  or  easements  therein,  that  may  be  necessary,  either  bv 
gift,  purchase  or  condemnation  proceedings,  and  whenever  it  may  be 
necessary  to  actpiirt'  such  lands  by  condemnation  proceedings,  the 
said  j)roceedings  shall  be  taken  in  the  same  maimer  and  form  as  is 
had  and  taken  by  said  city  in  accjuiring  land  for  the  purpose  of 
opening  streets,  under  the  provisions  of  the  charter  of  the  city  of 
Rochester. 


;>U4  Si'KCiAi,   Laws  ok    ihk 

S  6.  Title  in  city  of  Rochester  W  Iicikvlt  ihc  fee,  or  any 
ri^lU  or  interest  in  lantls  shall  be  acquired  by  the  city  of  Rochester 
by  virtue  of  this  act,  or  the  proceedings  authorized  herein,  for  the 
jnirposes  of  this  act,  such  lands  shall  be  taken  in  the  name  of  the  city 
of  Rochester,  but  shall  be  subject  to,  and  shall  be  under  the  manage- 
ment and  control  of  the  jxirk  commissioners,  and  shall  become  and 
be  a  part  of  the  park  system  of  said  (  il\ . 

^  7.  Ordinance;  payment  of  impro>  ement  \\'hcne\er 
the  common  council  shall  determine  that  the  improvements  recom- 
mended by  resolution  of  the  park  commissioners  shall  be  made,  and 
that  the  whole  or  any  part  of  the  expenses  of  such  improvement  shall 
be  defrayed  by  an  assessment  on  the  real  estate,  declared  by  said 
resolution  of  said  park  commissioners  to  be  benefited  thereby,  it 
shall  declare  the  same  by  an  entry  in  its  minutes,  and  after  a.scer- 
taining  as  it  deems  proper  the  estimated  expense  of  such  improve- 
ment, it  shall  declare  whether  the  whole  or  what  portion  thereof 
shall  be  assessed  on  such  real  estate  specifying  the  estimated  expense 
and  the  portion  of  the  city  deemed  benefited  by  the  improvement. 
When  the  estimate  of  the  expense  of  such  improvement,  to  be 
assessed,  shall  exceed  in  the  aggregate,  the  sum  of  two  thousand 
dollars,  the  expense  of  such  improvement  to  be  assessed  may  be 
paid  one-third  in  cash,  and  the  balance  in  the  city's  note  at  one  and 
two  years,  with  interest  not  exceeding  six  per  centum,  payable 
annually,  and  the  cit\-  may  get  its  notes  discounted  for  a  period  not 
exceeding  one  year  with  which  to  make  such  first  payment  when 
such  improvement  is  completed.  The  entire  expense  thereof  and 
connected  therewith  shall  be  ascertained  by  the  city  treasurer, 
together  with  the  interest  paid  on  the  orders  or  notes  issued  by  the 
city  to  pay  the  expense  of  such  improvement,  and  interest  on  such 
sum  shall  be  reckoned  to  the  time  the  last  installment  of  such 
assessment  shall  become  due.  The  aggregate  amount  shall  there- 
upon be  reported  to  the  common  council,  to  adjust  and  report  to  the 
assessors  of  said  city  the  amount  to  be  assessed  upon  the  property 
benefited,  as  in  this  act  provided,  and  it  shall  meet  for  that  pur- 
pose. Persons  so  assessed  who  shall  make  any  payment  previous  to 
the  maturity  of  said  last  installment  therein,  shall  be  entitled  to  a 
discount  at  the  same  rate  as  if  paid  on  the  city's  note  issued  to' pay 
for  such  improvement.      The  common   council   may  determine,  at  the 


C'l  |•^     <)1      R()(  HKSTEK  395 

time  of  fixing'  sucli  aiiiouiit  to  be  assessed,  if  the  sum  shall  exceed 
two  thousand  dollars,  that  the  taxpayers  pay  their  assessments,  in 
not  more  than  three  equal  payments,  one-third  within  thirt)'  days 
of  the  time  that  the  treasurer  shall  advertise  the  same,  as  hereinafter 
provided  one-third  within  one  year,  and  one-third  within  two  years 
from  the  confirmation  of  such  roll:  The  city  treasurer  may.  in  his 
discretion,  issue  his  warrant  for  the  collection  of  any  part  of  such 
assessment  that  ma\'  have  become  due. 

§  S.  Assessment  -The  common  council  shall,  thereupon, 
make  an  ordei  reciting;  the  amount  of  the  expenses  to  be  assessed, 
as  aforesaid,  and  thereupon  the  assessors  of  said  city  if  they  are  not 
interested  in  anv  of  the  property  directed  in  the  ordinance,  or  in  any 
other  subsequent  resolution,  to  be  assessed  and  not  of  kin  to  any 
per.son  interested  in  any  such  property,  and  if  any  two  of  them  are 
not  so  interested  or  of  kin,  then  such  two  shall  make  an  assessment 
upon  all  the  lots  and  parcels  of  land  within  the  portion  or  part  of  the 
city  directed  to  be  assessed,  of  the  amount  of  expenses,  in  propor- 
tion, as  nearly  as  may  be,  to  the  advantage  which  each  shall  be 
deemed  to  receive  by  such  improvement,  which  order  shall  be  certified 
by  the  clerk  of  the  city  and  delivered  to  one  of  said  assessors.  The 
said  as.sessors  shall  thereupon  take  action  thereon,  and  proceed  in 
the  same  manner,  as  if  said  as\sessment  was  an  assessment  for  an 
improvement  authorized  by  the  charier  of  the  city  of  Rochester. 
The  common  council  shall  have  power,  instead  of  desij;natinj;  the 
citv  assessors  to  make  such  assessment,  to  appoint  one  or  more 
s|x-cial  assessors  for  such  purpose,  who  shall  have  the  same  |X)wers 
and  be  subject  to  the  .same  duties,  and  proceed  in  the  same  manner 
provided  in  reference  to  the  city  assessors.  .Ml  assessments  made 
under  this  act  shall  be  collected  in  the  same  manner  as  provided  in 
the  charter  of  the  city  of  Roc  hesti-r  for  the  <  ollectinn  of  assessments 
for  local  imiiroviMiu-nls. 

!!  I).  Park  iniproN  eeiieiits  Whenever  the  tommon  (ouiuil 
shall  have  determinetl  to  make  any  improvement  authorized  by 
this  act.  the  park  connnissioners  of  the  city  of  Rochester 
shall  have  sole  jjower  to  execute  the  work  necessary,  and 
said     impro\emeiit.      and     all     matters     and      things      appertaininjj 


;!!<(■»  SiMi  I  \i     I ,  \\\  s   ( II     I  n  I 

thereto  shall  be  under  the  control  and  inana-^^enient  of  the  said 
park  coniniissioners.  and  the  said  work  may  be  done  by  said 
coniinissioners,  either  by  contract  or  otherwise,  as  in  the  judgment  of 
said  park  commissioners  may  seem  best.  Said  common  council  is 
hereby  authorized  and  empowered  to  borrow  money  upon  the  credit 
of  said  city,  for  the  purposes  specified  in  this  act,  in  such  amounts  as 
may  be  necessary  to  anticipate  the  collection  of  the  assessments 
herein  provided  for,  in  such  manner  and  form  and  for  such  time  as 
said  common  council  may  determine,  and  at  a  rate  of  interest  not  ex- 
ceeding four  per  centum  per  annum  ;  or  said  common  council  may 
authorize  said  park  commissioners  to  pay  out  of  the  park  boulevard 
fund,  the  expenses  of  said  improvements  which  are  to  be  paid  by 
local  assessment ;  said  moneys  so  advanced  to  be  refunded  when  said 
assessments  shall  have  been  collected.  (As  amrinfrd  /..  iSfjcj, 
Ch.  394). 

;;  10.  Park  boulevard  fund-  I'or  the  purpose  of  paying  such 
part  or  portions  of  the  exj^ense  of  any  improvement  authorized  by 
this  act,  which  shall  be  declared  payable  out  of  tiie  public  treasury, 
the  common  council  shall  raise  annually  such  sums  as  shall  be  re- 
ported by  its  finance  committee  as  necessary  for  that  jjurpose.  The 
said  finance  committee  shall  ascertain  and  report  the  amount  of 
money  necessary  for  this  purpose,  in  the  same  manner  and  at  the 
same  time  that  said  committee  ascertains  and  reports  the  sums 
necessar}-  to  be  raised  in  each  year  for  the  various  funds  and  de])art- 
ments  of  said  city  ;  and  the  common  council  shall  raise  the  sum  or 
sums  necessary  to  be  raised  for  the  purposes  of  this  act  in  the  same 
manner  and  at  the  same  time  as  are  raised  the  various  sums  of  monev 
necessar}-  for  the  various  funds  and  departments  of  said  city,  and 
such  moneys  when  raised  shall  be  set  apart  by  the  treasurer  of  the 
city  of  Rochester,  and  credited  to  a  fund  to  be  known  as  the  park 
boulevard  fund  ;  said  treasurer  shall  hold  all  such  moneys  on  account 
of  and  for  the  purposes  of  the  improvements  herein  authorized,  and 
shall  pa\  them  out  on  order  of  the  park  commissioners  and  not 
otherwise.  The  park  commissioners  shall  draw  drafts  upon  the 
said  treasurer,  signed  by  the  president  and  secretaiy.  specifying  the 
purpose  for  which  they  arc  drawn,  and  the  name  of  the  fund  from 
which  they  shall  be  paid,  and  the  said  city  treasurer  shall  pay  the 
same  out  of  the  said  fund. 


(iTN    <)i-    Rochester  oU7 

4;  II.  Care  and  maintenance  of  boule\  ard  -  For  the  pur- 
pose of  paying;;  for  the  care  and  maintenance  of  said  park  boulevards 
after  the  same  shall  ha\e  been  constructed,  the  common  council  of 
said  city  shall  annually,  upon  the  written  application  of  the  park 
commissioners,  levy  a  tax  upon  all  the  lands  abutting  upon  such  park 
boulevards  not  exceeding,  in  any  one  year,  the  sum  of  ten  cents  per 
lineal  foot  front  of  all  lands  abutting  on  such  park  boulevards.  The 
tax  shall  be  apportioned  equally  upon  all  the  lands,  so  on  such  park 
boulevards,  and  shall  be  collected  at  the  same  time  and  in  the  same 
manner,  as  the  general  city  tax  in  said  city.  The  amount  of  such 
lax,  when  collected  shall  be  set  apart,  by  tiu,-  cit}  treasurer  of  said 
(•it\  and  credited  to  the  said  park  boulevard  fund. 

>j    I  J.      When  in  effect — This  act  shall  take  effect  iminedialel\ . 


.\n     .\(l      \\)    HkOXlDE    K)l<     rilK    .\C(,)Llsm<>N      A.M)      I M  I'KOVKMEM      HV 

fHK  ciTv  OK   Rochester  ok  cert.ain  l.ands   in  s.\ii>  <  IT^    kor 
iTiuji    park    hcrposes.     (/..  1903.  C//.  354). 

Section  1.  Lands  for  parks,  how  acquired — ihe  park  com- 
missioners of  the  city  of  Rochester  are  hereby  autiiorized  to  acquire 
for  and  on  behalf  of  said  city  of  Rochester  for  the  purposes  of  a 
public  park  by  purcha.se.  gift,  or  by  condemnation  proceedings  con- 
ducted under  the  laws  now  in  force,  prescribing  the  method  of  pro- 
(edure  of  acquiring  by  the  right  of  eminent  domain,  title  to  real 
estate  in  and  near  the  city  of  Rochester  for  public  parks,  the  title  in 
fee  free  and  clear  from  all  claims,  liens  and  encumbrances  in  and  to 
(  ertain  real  property  described  as  follows  :  Being  all  that  tract  or 
parcel  of  land,  situate  in  the  city  of  Rochester,  county  of  Monroe 
and  state  of  New  \'ork.  described  as  follows:  ("ominencing  at 
.1  point  at  the  intersection  of  the  south  line  of  Main  street  ea.st 
with  the  north  line  of  University  avenue:  thence  running  along 
the  south  line  of  Main  street  east  about  four  hundred  and  nine  and 
twenty-foClr  hundredths  feet  to  the  west  line  of  North  I'nion  street : 
thence  running  along  said  west  line  of  North  Union  street  about  two 
hundred  and  tifty-nine  and  Hve-tenths  feet  to  the  north  line  of  Uni 
\ersity  avenue:  thence  along  the  north  line  of  University  avenue 
about  three  hundred  and  fourteen  and   ei'ditv-four   hundredths  feet  to 


80s  Shkciai.    Laws  ok    imk 

the  place  of  beginning.  The  cost  of  said  hinds  to  be  acquired  under 
the  provisions  of  tiiis  act  shall  not  exceed  the  sum  of  thirty  thousand 
dollars. 

>;  2.  Use  of  lands— Said  property  when  accpiired  shall  be  laid 
out  as  a  public  park  and  iinpioxcd  and  rinbellished  untler  the  direc- 
tion of  said  park  cf)niniissioners,  and  the  said  park  commissioners 
shall  have  the  care,  maintenance  and  control  thereof. 

§  3.  Bonds — lor  the  purpose  of  providing  funds  for  the  pur- 
chase of  said  lands  and  the  expenses  connected  therewith,  and  for 
laying  out  the  same  as  a  public  park  and  improving  and  embellishing 
the  same,  the  common  council  of  the  citv  of  Rochester  is  hereby 
authorized  to  cause  to  be  issued  l)onds  of  said  city  of  Rochester  to  be 
known  as  •'  city  of  Rochester  park  bonds."  the  aggregate  amount 
thereof  not  to  exceed  thirty  thousand  dollars,  which  bonds  shall  be 
signed  b)''  the  mayor  and  treasurer  of  said  city,  sealed  with  the  cor- 
porate seal  of  said  city  and  countersigned  by  the  comptroller  of  said 
city,  and  shall  be  payable  at  such  place  as  the  common  council  shall 
designate,  and  shall  bear  interest  at  a  rate  not  exceeding  four  per 
centum  per  annun),  and  shall  be  sold  under  the  direction  of  the  comp- 
troller after  competition  upon  sealed  proposals,  at  not  less  than  par  ; 
said  bonds  shall  be  issued  iw  denominations  of  one  thousand  dollars 
each  and  shall  run  for  a  period  of  ten  years  from  the  date  of  issue,  and 
shall  contain  a  provision  that  they  may  be  redeemed  at  the  end  of  five 
years  or  thereafter  upon  the  payment  of  principal  and  accrued  interest. 
The  amount  of  the  principal  of  three  of  said  bonds  shall  be  raised 
each  year  thereafter  in  the  annual  levy  of  taxes,  together  with  interest 
accrued  and  to  accrue  during  such  year  upon  all  of  said  bonds  unpaid 
and  unredeemed,  until  a  sutticient  sum  is  raised  to  pay  and  redeem 
said  bonds,  and  the  sums  so  raised  shall  be  paid  into  a  sinking  fund 
from  which  the  principal  and  interest  of  said  bonds  shall  be  paid. 
and  an\  of  said  bonds  may  be  paid  and  redeemed  at  the  end  of  five 
years  or  thereafter  as  mav  be  directed  by  the  common  council. 

$  4.  City  notes  Pending  the  issue  and  sale  of  said  bonds,  the 
common  ctjuncil  is  hereby  authorized  to  cause  the  moneys  necessary  to 
carry  out  the  purposes  of  this  act,  or  any  part  thereof,  to  be  raised  and 
borrowed  on  city  notes  which  shall  be  paid  and   redeeemed   from   the 


CiTV    OI-     RcKUKSlKl^  399 

proceeds  of  the  sale  of  the  said  'ooiids.  I'lie  proceeds  of  the  sale  of 
said  bonds  or  notes  shall  he  paid  into  the  cit\'  treasur\  and  |)aid  out 
on  the  draft  of  the  park  commissioners,  in  the  same  manner  as 
moneys  are  drawn  out  of  the  ••  park  maintenance  fund.'" 

=!    5.      When    in   effect       This  act  shall  take  effect  immedialel) . 

Act  authorizing  the  common  council  to  borrow   mone\  to  pioviiL- 

for  tinii)or,n\   \\am>  of  |);irk  Ix  lard  -1 ..   iSi)|.  ('li.   (. 

Act  authorizing  gifts  and  devises  for  parks— 1,.   i.Si;o.  Ch.  160,  as 
anil  ikIkI  I..  iS()2,  Cli.  25,   L.  r.S<)6,  Vh.  5  V 


POLICE    DEPARTMENT 

An    Act    to  ksiahlish   a   polick  pkxsion    i-i  nd   iok    imk  i  iiv  i)y 

ROCHKSTKR.       (/..    1887.    67/.   614). 

Section  i.  Board  of  trustees;  officers;  duties;  rules  and 
rejfulations  ;  annual  report —  The  mavor  of  the  citv  of  Rochester 
for  the  time  beinj^  (and  his  succes.sors  '  in  otTice).  the  police  com- 
missioners of  the  city  of  Rochester  for  the  time  heinj^  (and  their 
successors  in  office),  and  the  city  treasurer  of  the  city  of  Rochester 
for  the  time  heinj.j  (and  his  successors  in  office),  shall  ((Uislitute  a 
board  of  trustees  of  the  police  pension  fund  hereinafter  mentioneil. 
The  mavor  of  the  city  of  Rochester  shall  be  president  of  said  board, 
and  thev  shall  annualh'  (lesiL;nate  one  of  their  number  who  shall  !•(.■ 
secretary  thereof.  The  cil}'  treasurer  of  the  city  of  Rochester  shall 
be  the  treasurer  of  said  pension  police  fund.  Such  l)oard  of  trustees 
shall  ha\«'  char;;e  of  and  administer  said  fund,  and,  from  time  to  time, 
invest  tiie  same,  or  any  part  thereof,  as  they  shall  deem  most  beneli- 
cial  to  said  fund,  and  are  empowered  to  make  all  necessary  contracts 
and  take  all  necessary  and  lirojier  action  and  procecdiiiijs  in  tiie 
prenjises  .\\)d  to  make  pavments  from  said  fund  of  pensions  <;ranted 
in  pursuant  e  of  this  act.  The  said  trustees  shall,  from  time  to  time, 
establish  such  rules  and  regulations  for  the  administration  of  the 
police    pension    fund    as    thev  mav  deem    best.       TheN'  shall  report,  in 


4tHt  Spkcial   1>a\\s  ok    iiik 

detail,  the  condition  of  llu-  fund  at  tlic  close  of  each  fiscal  year  of  tiie 
police  department,  through  their  secretary,  to  the  common  council, 
and  said  report  shall  be  published  with  the  annual  report  of  the 
police  department.  No  payments  whatever  shall  be  allowed,  or  made, 
by  said  trustees  as  rewards,  gratuities  or  compensation  to  any  person 
for  salary  or  services  rendered  to  or  for  said  board  of  trustees. 

§   2.     Police  pension   fund,  how  created       The  police  pension 
fund  shall  consist  of  : 

1.  All  fines  imposed  upon  nienibeis  of  the  police  force  by  the 
conmiissioner  of  public  safety  and  all  moneys,  pay,  compensation  or 
salary,  or  any  part  thereof,  forfeited,  deducted  or  withheld  from  any 
member  or  members  of  the  police  force,  for  or  on  account  of  ab.sence 
for  any  cause,  lost  or  sick  time,  sickness  or  disability,  (^s  atnctulcd 
L.  1903.  Ch.  382). 

2.  All  moneys  paid  for  special  services  as  policemen  at  balls, 
parties,  weddings,  excursions  or  picnics,  and  all  rewards  or  gifts  that 
may  be  jjaid  or  given  to  any  member  of  the  police  force  tor  his 
ser\'ices.      {As  aiiioidcd  L.   1903.  CIi.  382). 

3.  The  avails  of  all  lost  or  stolen  securities,  choses  in  aclit)n, 
moneys,  things,  or  other  property  which  shall  remain  unclainied  in 
possession  of  the  police  department  for  the  period  of  six  months  after 
the  conviction  for  stealing  the  same,  together  with  the  avails  of  all 
unclaimed  or  confiscated  property  of  every  nature  soever  which  shall 
have  been  in  custody  of  said  police  department  for  such  period  of  six 
months,  and  all  cash,  money  or  property  left  as  security  for  appear- 
ances in  police  court  which  shall  be  forfeited.  {As  nmcndcil  L.  1903, 
Ch.  382). 

4.  All  fines  imposed  in  the  police  court  of  the  city  of  Rochester 
and  collected  for  carrying  or  having  in  custody  concealed  or  danger- 
ous weapons,  and  for  violations  of  an  ordinance  adopted  by  the  com- 
mon council  of  said  city,  entitled  "  An  ordinance  relating  to  the 
public  safety  and  good  order,"  as  now  or  hereafter  named,  and  one- 
half  of  all  fines  so  imposed  and  collected  for  non-registration  of  dogs. 
(As  (unciuliii  /,.   1903,  Cli.  382). 

5.  All  revenues  derived  from  licenses  for  public  use  of  triplet, 
billiard   and   pool  tables,  or  any  other  similar  table  for  revenue,  bowl- 


("riv  oi    Ro(  iiKsri-.K  4(H 

ing  alleys  and  pawnbrokers,  and  all  lines  and  penalties  indicted  and 
collected  throu<;h  prosecutions  connected  with  the  public  use  of  trip- 
let, billiard  and  pool  tables,  bowlinj^^  alleys  and  pawnbrokiny;  business, 
'['he  license  fees  to  be  charged  for  the  use  of  bowling  alle\s,  triplet. 
l)illiard  and  pool  tables,  or  any  other  similar  table  for  revenue  in  said 
city,  shall  be  at  the  rate  of  five  dollars  each  for  the  first  two  tables  or 
alleys,  and  two  dollars  for  each  additional  alley  or  table  used  or  put 
up  in  the  same  room  in  any  one  year.  And  the  commissioner  of  pub- 
lic safety  of  said  city  is  hereby  authorized  to  designate  a  member  of 
the  police  department,  whose  duty  it  shall  be  to  deliver  all  such 
licenses  granted  and  issued  by  said  commissioner  of  public  safety  in 
the  name  of  the  city  of  Rochester,  to  all  proper  persons  applying 
therefor,  within  the  city,  upon  the  payment  to  him  of  said  license  fees, 
and  it  shall  be  the  duty  of  such  persons  to  pay  over  any  and  all  of  the 
said  moneys  thus  received  by  him  to  the  treasurer  of  the  police  pen- 
sion fund.  N(;  person  sliall  keep  a  bowling  alley,  billiard  or  pool 
table  for  revenue  in  said  city,  without  tirst  obtaining  a  license  there- 
for, under  a  penalty,  upon  conviction,  of  ten  dollars,  and  in  default 
of  payment  shall  be  imprisoned  in  the  Monroe  county  penitentiary  ten 
days,  or  until  said  fine  is  paid,  not  exceeding  ten  days.  (.~ls  amrndcd 
I..  i<)03,  C '//.  3<S2). 

6.  Such  sum  per  mniuh  to  be  paid  1)\'  each  member  of  the 
police  force,  as  shall  be  agreed  upon  by  the  members  of  said  force, 
not  less  than  two  per  centum  of  the  monthly  pay,  salary  or  com- 
l)ensation  of  each  nicinbii"  of  the  police  force.     ( .7.*"  dnifiidril  I.,   kjo^. 

r/-.  3.S2). 

7.  Tile  board  of  estimate  anil  apportionment  shall  include  in 
their  annual  estimate  and  the  ccjmmon  council  shall  annually  include 
in  the  tax  le\  y  the  sum  of  three  thousand  dollars,  which  sum  shall,  at 
the  time  when  the  appropriation  for  the  conduct  of  the  police  depart- 
ment shall  be  made,  be  set  apart  or  so  much  thereof  as  shall  be 
necessar) ,  uul  paid  over  to  the  treasurer  of  the  police  fuiul.  yAs 
iimniiird  /  .   \^)07,.  Cli .  ,>S-)- 

^  3.  Pensioners — ("he  board  of  police  commissioner>  shall 
liave  power,  in  its  iliscretion.  by  the  unanimous  vote  of  a  full  board, 
to  retire   and   dismiss   from   membership  in  the  said  police  force,  and 

thereupon   grant    pensions,  as  hereinafter  provided,  tf)  anv  member  of 


4((ll  Spkci  \i,    I,\\vs  ()i-    riiK 

the  police  forte  of  said  cil\  wlio  shall  iia\e  become  clisableil.  physically 
or  nuntally.  or  so  advanced  in  age  as  to  be  unfit  for  police  duty,  and, 
by  a  unanimous  \ote  of  the  board,  to  widows  and  orphans  of  such 
members,  to  be  paid  from  the  jjolice  pension  fund  by  the  board  of 
trustees  thereof  as  follows  : 

I.  To  the  widow  of  any  member  of  the  police  force  who  shall 
ha\e  been  killed  while  in  the  actual  performance  of  duty  or  shall  have 
died  from  the  elTects  of  any  injury  received  whilst  in  the  actual  dis- 
char^je  of  such  duty,  or  who  has  died,  or  who  shall  hereafter  die  after 
fifteen  years  of  service  in  the  police  force  in  the  city  of  Rochester,  or 
after  such  continued  sersice  in  time  as  shall  in  the  judgment  of  the 
said  commissioners  be  equal  to  fifteen  years  regular  service,  though 
not  covering  fifteen  calendar  years,  or  who  shall  have  been  retired 
upon  a  pension  under  section  four  of  this  act,  if  there  be  no  child  or 
children  under  eighteen  years  of  age  of  any  such  member,  the  sum  of 
not  exceeding  two  hundred  and  fifty  dollars  per  annum  ;  but  if  there 
be  any  such  (  hild  or  children  of  such  member  under  the  age  afore- 
said, then  the  said  sum  may  be  divided  between  such  widow,  child  or 
children  in  such  proportion  and  in  such  manner  as  the  said  board 
may  direct.      (  ^/.v  nmcui/cil  /..   1901.  Ch.  721). 

1.  To  any  child  or  children  under  eighteen  years  of  age  of  such 
member  killed  or  tlying  as  aforesaid,  or  pensioner  as  aforesaid,  but 
leaving  no  widow,  or.  if  a  widow,  then,  after  her  death,  to  such  child 
or  children  being  yet  under  eighteen  years  of  age,  a  sum  not  exceed- 
ing two  hundred  and  liftv  dollars  per  annum.      ( /..    1.S87.  C/i.  614). 

.V  1  o  any  such  member  of  said  police  force  who  shall,  after 
fifteen  years  and  less  than  twenty  years  membership,  become  super- 
annuated by  age,  permanently  insane  or  mentally  incapacitated,  or 
flisabled.  ])hysically  or  mentally,  so  as  to  be  unfitted  or  unable  to 
perform  full  jjolice  duty  by  reason  of  such  disability  or  disease,  con- 
tracted without  misconduct  on  his  ])art.  a  sum  not  less  than  two 
hundred  and  fifty  dollars  nor  exceeding  ti\e  hundred  dollars  per 
annum.      ( /..   iXSy.  C/i.  6141. 

4.  In  computing  the  time  of  service  of  any  member  of  the  police 
force  for  the  purposes  of  this  section,  the  term  of  .service  of  such  mem- 
ber on  any  regular  jiolice  or  fire  department  force  of  the  city  shall  be 
computed  and  taken  the  same  as  service  On    the   police    force  of  the 


(    I  1  V    ol      R(H  M  K>'IKR  4(K-{ 

city,  and  it  shall  not  be  dceiiiccl  necessar}-  for  the  purposes  <>t  this 
section  that  sucli  service  shall  have  been  continuous.  {Aiiili',1  hy  /.. 
1901 .  ('//.  433  I. 

(irantin};  pensions  discretionary  —  i'.-,,|)i.  .  ^  ..  i    I'Ji.l  \.-..  .M.iinn.  1 ',1 
\.  V.  i</>. 

§  4.  Amount  of  pension  of  policemen,  widows  or 
children — Any  member  of  the  police  force  who  has.  or  shall  have. 
|)erfornied  duly  therein  for  a  period  of  twenty  years  or  upward,  and 
any  member  of  the  police  force  who.  whilst  in  the  actual  performance 
of  duty,  and  by  reason  of  the  performance  of  such  duty,  and  without 
fault  or  misconduct  on  his  part,  shall  have  become  permanently  disabled 
physically  or  mentally,  so  as  to  be  unfitted  to  perform  full  police  duty, 
upon  his  own  application,  in  writinj^;.  or  upon  a  certificate  of  the  police 
surgeon,  showinj^  that  such  member  is  permanently  disabled,  physi- 
cally or  mentally,  so  as  to  be  unfit  for  duty,  shall,  by  resolution, 
unanimously  adopted  by  a  full  board,  be  retired  and  dismissed  from 
said  force  and  service,  and  placed  on  the  roll  of  the  police  pension 
fund  and  awarded  and  <,Manted  to  be  paid  from  said  pension  fund,  an 
.uinual  pension  diuinj^  his  lifetime  of  a  sum  of  not  less  than  one-half  of 
the  full  salary  or  compensation  of  such  member  so  retired.  I'ensions 
j,nanted  under  this  section  shall  be  for  the  natural  life  of  the  pen- 
sioner, and  shall  not  be  revoked,  rej^ealed  or  diminished.  Pensions 
may,  in  the  iliscretion  of  the  said  ijoard  of  police,  be  continued  and 
l^aid  to  the  widows  and  children  :  or,  if  no  widow,  to  the  child  or 
c  hildreii,  whilst  under  the  age  of  eighteen  years,  of  any  member  or 
members  of  the  police  force  to  whom  pensions  shall  have  been 
granted,  under  the  provisions  of  this  section,  or  under  subdivision 
three  of  section  three  ot  this  act:  iiro\icled.  however,  th.it  such  pen- 
sions to  such  widows  or  children,  as  the  case  may  be.  shall,  in  no 
instance,  exceed  t"i\  e  hundred  dollars  per  annum,  and  the  same  may. 
in  the  discretion  of  said  board,  be  from  time  to  time  diminished, 
modified  or  revoked.      (As  ntnrtuliti  /..   iS<)4.  ('//.  519). 

Ketirinji:  a  policeman  dlscrctionar>  l't'o]>lf  <-.\  \v\.  \\\,\i\\  \^  M.ntui. 
115  N-  V.  .-5;. 

^  5.  Terminalion  and  re\  ociilion  of  pensions  Pensions 
to  widows  shall  terminate  when  the  widow  shall  re-marry  and  pensions 
to  children  shall   terminate   whenever   the  children  shall,  respectively. 


4M4  SlM(    I  \l       I,  \U  >     (II       IH  I 

arrive  at  the  age  of  eij^hteen  years.  The  police  commissioners  may. 
in  their  discretion,  order  any  pension  granted,  or  any  part  thereof,  to 
cease,  except  in  the  case  of  members  of  the  police  force  retired  after 
twenty  years  service,  as  provided  in  the  last  preceding  section,  but  in 
all  sxich  cases  said  board  siiall  tile  with  the  trustees  of  the  police  pen- 
sion fund  a  written  statement  of  the  causes  which  determined  them  in 
ordering  any  pension  to  so  cease,  and  nothing  herein  contained  shall 
render  the  granting  or  payment  of  such  pension  obligatory  on  the 
police  commissioners,  or  upon  the  trustees  of  the  police  pension  fund, 
or  chargeable  as  a  matter  of  right  upon  said  police  pension  fund, 
except  as  provided  in  the  last  |-)ieceding  section. 

§  6.  Certificate  of  surgeon  ;  contents—  NO  member  of  the 
police  force  shall  be  awarded,  granted  or  paid  a  pension  on  account 
of  physical  or  mental  disability  or  disease,  unless  upon  the  certificate 
of  the  surgeon  of  the  police  department,  which  sliall  set  forth  the 
cause,  nature  and  extent  of  the  disability,  disease  or  injury  of  each 
member  of  the  police  force  who  may  be  placed  upon  the  pension 
roll ;  and  said  certificate  shall  distinctly  state  whether  or  not  such 
disability,  disea.se  or  injur)-  was  incurred  or  sustained  by  said  mem- 
ber of  the  police  force  in  the  performance  of  police  duty,  and  such 
certificate  siiall  in  each  case  be  filed  with  and  entered  upon  the 
minutes  of  the  police  commissioners. 

§  7.  Pro  rata  payment  when  funds  inadequate — Should 
the  moneys  at  the  disposal  of  the  tru.stees  of  the  police  pension  fund 
be  found  at  any  time  inadequate  to  fully  carry  out  the  provisions  of 
this  act,  the  trustees  shall  pay  to  the  dependents  on  such  fund  as 
near  a  ])rn  rata  amount  as  in  their  judgment  the  circumstances  may 
war  ran  I 

S   b.     1^  alse  swearing  in   pension  claim,  how   punished— 

Kver)'  person  who  knowingly  or  willfully  in  anywise  procures  the 
making  or  presentation  of  any  false  or  fraudulent  affidavit  or  aftirma- 
tion  concerning  any  claim  for  pension  or  payment  thereof,  shall  in 
every  such  case  forfeit  a  sum  not  exceeding  two  hundred  and  fift)' 
dollars,  to  be  sued  for  and  recovered  by  and  in  the  name  of  the  said 
board  of  trustees,  and  when  recovered  paid  over  to  and  thereupon 
become  a  part  of  the  said  police  pension  fund. 


('iTY    OK     RoiHliSTKK  4<»") 

§  ij.  Power  of  board  of  trustees  to  take  oaths  and  ac- 
knowledgments ;  perjury  -For  the  purposes  of  this  ad.  the  per- 
sons constituting  the  board  of  trustees  of  the  poHce  pension  fund 
are  hereby  authorized  to  administer  oaths  and  take  acknowledg- 
ments; and  any  person  who  shall  willfully  swear  falsely  in  any  oath 
or  affirmation  in  obtainin*;-  or  procuring  any  pension  or  payment 
thereof,  under  the  iDro\isif)ns  of  this  act.  shall  be  guilty  of  perjur)'. 

i?  1  o.     Pension  fund  exempted  from  execution — The  moneys, 

securities  and  effects  of  the  ]X)lice  pension  fund,  and  all  pensions 
granted  and  payable  from  said  fund,  shall  be  and  are  exempt  from 
execution  and  from  all  process  and  proceedings  to  enjoin  and  recover 
the  same  by  or  on  behalf  of  any  creditor  or  ]XMson  having  or  asserting 
any  claim   against,  or  debt  or  liability  of,  any  pensioner  of  said  fund. 

§    II.      When  in  effect — i'his  act  shall  take  effect  inunediatelv. 


An     Act    i,k(;ai.i/ing,    ratifying    and    conkir.minc.    cKRrAi.\    w- 

I'0INTMF:NTS      and      I'RO.MOTIONS      HERKTOKORE      MADE       IN       THE 
POLICE    department    OF    THE    CITV    nv    RoCIIE-STER.         (Z.     1896, 

C7/.   706). 

.Section    i.      Police    department    appointments    legalized — - 

.\11  appointments  and  promotion.s  heretofore  made  in  the  police 
department  of  the  city  of  Rochester  from  the  competitive  eligible  list 
prepared  by  the  civil  service  commissioners  of  said  city  are  hereby 
legalized,  ratified  and  confirmed. 

§   2.     Actions  pending — This  act  shall  not  affect  any  action  or 
jiroceeding  now  jiending. 

§    ^v      When    in   effect       Tliis  .k  t  shall  take  effect   inunediatelv. 


An    Aci    in    KKiArioN    lo     iiik     poiu  k     dei- ar  r\iKN  i    ok     ihi-    iii\ 
t)K   R(x  ni-sii- u.     (/..  iSi)^.  C'//.  594). 

Section  i.  Vacations  of  policemen  The  board  of  police  of 
the  city  of  Rochester  may  grant  to  each  member  of  the  police  depart- 
ment thereof,  who  has  not  for  a  period  of  twelve  months  next  pre- 
ceding violated  anv  of  the  rules  or   regulations  prescribed  bv  law.  f)r 


4lHi  Si'Kl  I  \l.     1,A\N.S    OK     IHK 

1)V  said  1x1. nd  of  police,  a  vacation  of  not  more  than  seven  Miccessivc- 
(lays  in  each  year  with  pay  and  a  lea\e  of  aljsence  of  one  (hiy  in  each 
month  be^inninji  at  six  o'clock  in  the  evenin;^  of  one  day  and  endin<.j 
at  six  o'clock  in  the  eveninj;  of  the  following;  day.  with  pa\.  .No 
discrimination  or  preference  in  j^nantini,'  such  vacations  or  lca\es  of 
ab.sence  shall  be  made  as  Ijetween  members  so  qiialilied.  but  if  such 
a  vacation  or  leave  of  absence  be  granted  to  any  member  so  qualified 
a  like  vacation  or  leave  of  absence  shall  be  {^ranted  as  impartially  and 
equally  as  may  be  to  each  member  so  t|uaiitied.  .Such  a  vacation  or 
leave  of  absence  may  be  suspended  by  the  board  of  police  at  .iny 
time  when,  in  the  judgmeiil  of  the  board,  the  |)ni)li(  interests  recjuire 
such  suspension. 

$    2.      When  in  effect       I'iiis  act  shall  take  elfeit   immediately. 

Act  for  the  rcliff  of  William  H.  Bilner — 1..  n/oo,  Ch.  J72. 
.\cl  fi)r  the  relief  of  Jacub  Murkey — 1-.  i<)Oi,  Ch.  107. 


PUBLIC   MARKET 

An    Ai  r    ro  At  ihoki/k    rnK    (onsirix'iio.n     \m>    \i.\i  \  kk.n  a.si  k  01 

A  Pl'HI.K  MARKKT  OR  MARKKrs  IN  rilK  rrr\  ii|  Koc  HKSIKR. 
AND  TIIK  LOCATION  ANI>  \r(^»f  ISI  IION  OK  (.ROI  NHS  rilKRKKOK. 
AND    TO    I'ROVIDK    KOR     IIIK    MAINTKNANCE    THKRKOK.       (   /..    1 90 1  . 

Ch.  58  0. 

Section  1.  Market  cummissioners  Charles  11.  Halxotk. 
-Mexander  !!.  l.amberton,  l-xlwin  A.  Fisher.  Ceorge  A.  Lane  and 
William  Deininger  are  hereby  appointed  commissioners  of  the  public 
market  or  markets  which  may  be  created  pursuant  to  the  provisions 
of  this  act,  with  the  name  and  style  of  "  Market  Commissioners." 
The  said  market  conunissioners  shall  hold  ofHce  for  the  term  of  three 
years  from  the  tirst  clay  of  May,  nineteen  hundred  and  one,  and  until 
others  are  appointed  in  their  places.  .\t  the  expiration  of  the  term 
of  office  of  any  member  of  said  market  commission,  the  said  office 
shall  be  filled  by  appointment  by  the  mayor  of  the  city  of  Rochester, 
and  a  person  so  appointed   shall   hold   his  office  for  a  term  of  three 


("nv  OK   RocuKsiKK  4ii7 

years  from  the  date  of  his  appoititnient  and  until  a  successor  he 
appointed  in  his  place.  In  case  of  a  vacancy  in  the  board  of  market 
commissioners,  the  mayor  sliall  till  the  vacancy  by  appointment  for 
the  remainder  of  the  term.  No  member  of  said  board  shall  receive 
any  compensation  for  his  services. 

«i  2.  Meetings  of  market  commission — Every  commis- 
sioner shall,  before  enterinjj;  upon  ihe  dvilies  of  his  office,  take  and 
subscribe  the  oath  jirescribed  by  the  constitution  of  the  state,  which 
oath  shall  be  tiled  in  the  otfice  of  the  clerk  of  the  county  of  Monroe. 
The  said  market  ccjmniissioners  shall  hold  their  first  meeting;  on  the 
first  Monda\'  of  May.  one  thousand  nine  hundred  and  one.  at  eleven 
o'clock  ante  meridian,  at  the  mayor's  office  ni  said  citv.  and  shall,  at 
said  meeting,  elect  by  ballot  a  president,  vice-president,  secretar)-  and 
treasurer,  who  shall  be  members  lheref)f.  A  majority  of  said  board 
of  market  commissioners  shall  constitute  a  quorum  for  the  transaction 
of  business:  and  the  said  market  connnissioners  shall  ha\e  power  to 
adopt  by-laws,  not  inconsistent  with  the  ordinances  of  the  common 
council,  with  the  provisions  of  this  act,  or  with  the  other  laws  of  the 
state,  for  the  orderly  transaction  of  their  business  and  performance  of 
their  duties  hereunder.  Meetings  of  the  board  shall  be  held  at  least 
once  in  each  calendar  month  ;  and  the  office  of  any  of  the  said  com- 
missioners who  shall  not  attend  the  meetings  of  the  board  for  three 
successive  months,  after  ha\  iiig  been  duly  notified  of  said  meetings, 
without  reason  therefor  satisfactory  to  said  board  or  without  leave  of 
absence  from  said  board,  shall  by  said  board  be  declared  vacant  : 
and  the  term  of  office  of  said  commissioner  shall  lie  ended  therebv. 

>;  3.  Powers  <►(  coniniissioii  S.iid  Mi.nkel  i onunissioners 
shall  have  power,  subject  to  the  approval  of  the  common  council,  to 
select  and  locate  such  grounds  within  the  city  of  Rochester  as  maw 
in  their  judgmeut,  be  desir.ible  to  be  reserved,  set  apart  and  acquired 
for  one  or  more  i)ubli(  m.irkets  and  approaches  thereto;  and  for  this 
purpose,  and  by  and  with  the  consent  of  the  common  council  of  said 
city,  may  take  any  part  or  parts  of  existing  streets  and  change  the 
lines  thereof.  The  site  or  sites  sh.ill  be  selected  w  ith  a  view  to  the 
general  conxenience  and  advantage  to  residents  in  every  portion  of 
said  city.  Within  ten  days  after  organization  the  said  commissioners 
shall  ad\  ertise  for  proposals  or  tenders  of  a  site  or  sites,  which  adver- 


40S  Sfkciai.  Laws  of  thk 

tiscmcnt  shall  specify  within  niaxinuini  and  niiniinuin  limits,  the 
amount  of  pri\ate  lands  desired,  and  the  maximum  amount  that  will 
be  paid  therefor.  Such  advertisement  for  tender  or  proposals  shall 
be  published  in  the  official  newspaper  of  said  city  twice  a  week  for 
three  weeks  and  the  expense  thereof  shall  be  a  general  city  charge. 
As  soon  as  practicable  after  such  proposals,  if  any,  are  received,  the 
said  market  commissioners  shall  make  selection  of  the  site  or  sites 
within  the  city  deemed  most  desirable  and  in  the  making  of  such 
selection  shall  not  be  restricted  to  premises  described  in  any  pro- 
posals received  ;  and  after  making  such  selection  shall  have  surveys 
and  plans  made  by  and  under  the  supervision  of  the  city  engineer, 
showing  in  detail  the  site  selected  and  plans  contemplated,  and  shall 
report  all  proposals  received  by  them  and  the  site  selected,  to  the 
common  council  of  said  city.  After  the  approval  by  the  common 
council  of  the  site  selected,  the  said  market  commissioners  shall  enter 
into  agreements  of  purchase  of  lands  selected  for  which  the  owners 
will  make  contracts  of  sale.  Such  agreements  of  purchase  shall  be 
subject  to  the  approval  of  the  board  of  contract  and  supply  of  said 
city,  and  the  purchase  price  thereof  shall  be  paid  out  of  the  market 
fund  hereinafter  provided  from  the  sale  of  the  Rochester  market 
bonds.  All  parts  of  .streets,  avenues  and  highways  now  laid  out  as 
running  through  said  lands  desired  by  said  market  commissioners  to 
be  closed  and  discontinued,  shall  be  closed  and  discontinued  by  and 
with  the  consent  of  the  common  council,  in  the  manner  provided  by 
law  for  the  discontinuance  of  streets  in  the  city  of  Rochester.  All 
lands  acquired,  either  by  private  purchase  or  condemnation,  under 
and  in  pursuance  of  this  act.  are  hereby  declared  to  be  public 
places. 

§  4.  Condemnation  proceedings — In  case  the  said  board  of 
market  commissioners  is  unal)le  to  agree  with  the  owner  or  owners 
for  the  jmrchase  of  any  real  estate  or  lands,  or  rights  or  easement 
therein,  required  for  the  purpose  aforesaid,  they  shall  thereupon 
report  said  fact  to  the  common  council  of  the  cit}'  of  Rochester,  and 
said  common  council  shall  thereupon  have  the  right  to  acquire  the 
title  to  the  same  by  condemnation  proceedings  conducted  under  the 
laws  prescribing  the  method  of  procedure  of  acquiring  title  to  real 
estate  for  streets  and  other  corporate  purposes,  by  the  right  of  eminent 
domain  in  the  citv  of  Roche.ster. 


Crrv  OF   RocHKsTER  409 

^  5.  Construction  of  buildings — After  the  acquisition  of 
lands,  either  by  condemnation  or  pri\'ate  sale  as  hereinbefore  pro- 
vided, the  said  connnissioners  shall  have  plans  and  surveys  prepared 
by  and  under  the  supervision  of  the  city  engineer,  for  the  construc- 
tion of  such  buildings  and  making  of  such  impro\"ements  upon  such 
lands  as  in  the  judgment  of  said  commissioners  are  deemed  necessary 
or  desirable :  and  contracts  therefor,  within  the  limits  of  moneys 
available  for  that  purpose,  based  upon  specilications  prepared  by  or 
under  the  supervision  of  the  city  engineer,  shall  be  made  by  the 
board  of  contract  and  supply  of  said  city,  after  public  notice,  in  the 
manner  ]Drovided  by  law  for  the  making  of  contracts  for  the  perform- 
ance of  work  or  supplying  of  materials  for  the  department  of  public 
works  and  other  public  departments  of  said  city. 

ij  6.     Commissioners  not  to  be  interested   in  contracts — 

It  shall  be  a  misdemeanor  for  any  commissioner  to  be  directly  or 
indirectly  or  in  any  way  pecuniarily  interested  in  any  contract  or 
work  of  any  kind  whatever  connected  with  said  market,  markets, 
approaches  thereto  or  streets  connecting  the  same,  and  it  shall  be  the 
duty  of  any  commissioner  or  other  person  who  may  have  knowledge 
or  information  of  the  violation  of  this  pro\ision.  forthwith  to  report 
the  same  to  the  mayor  of  the  city  of  Rochester,  who  shall  present  the 
facts  of  the  case  to  the  supreme  coiut  of  the  state  of  New  \'ork.  The 
said  court  shall  hear,  in  a  sununary  manner,  such  commissioner  in 
relation  thereto,  and  any  evidence  he  may  offer  ;  and  if,  after  such 
hearing,  the  said  court  shall  be  satisfied  of  the  truth  of  said  charge, 
the  justice  holding  the  same  shall,  by  an  order  of  the  said  court,  to 
be  made  at  chambers  or  in  term,  immediately  remo\e  the  said  com- 
missioner. 

?  7.  Employment  of  assistants — The  said  market  com- 
missioners, for  the  purpose  of  performing  the  duties  imposed  upon 
them  by  this  act.  shall  ha\e  the  |iower  to  employ  such  assistants  at 
such  salaries  or  compensation  as  may  be  authorized  and  prescribed 
by  the  board  of  estimate  and  apportionment,  at  a  yearly  expense  not 
exceeding  two  thousand  dollars,  which  assistants  and  emplo3-ees  shall 
perform  such  duties  as  may  be  imposed  upon  him  or  them,  respec- 
tively, by  said  market  connnissioners;  and  the  salary  or  salaries  or 
compensation  of  such  assistants  and  employees,  when  certified  by  the 


410  Spkciai.  Laws  ok  thk 

market  coininissioners,  shall  be  a  char<i^e  upon  the  city  of  Roclicster 
and  shall  be  paid  out  of  the  moneys  hereby  authorized  to  be  raised 
for  the  purposes  of  this  act. 

^  8.  Contracts  of  commission — None  of  the  said  market 
commissioners,  nor  any  person  employed  by  them,  shall  ha\e  power 
to  create  any  debt,  obligation,  claim  or  liability  for  or  on  account  of 
said  market  or  market  commissioners,  except  with  express  authority 
of  said  connnissioners,  conferred  at  a  meeting  thereof,  duly  con\  ened 
and  held.  Ihe  said  commissioners  shall  make  requisition  in  writing 
to  the  board  of  contract  and  supply  for  the  performance  of  any 
work  or  repairs  and  the  furnishing  of  an\-  materials  or  supplies 
required,  and  the  board  shall  contract  for  or  authorize  the  same  as 
provided  in  section  one  hundred  twenty  of  the  charter  of  cities  of 
the  second  class. 

$  9.  Monthly  report — All  employees  or  officials  connected  with 
the  said  markets,  authorized  by  the  ordinances  of  the  common  coun- 
cil or  otherwise  to  receive  and  handle  market  moneys  and  revenues, 
shall  give  a  bond  to  the  city  of  Rochester  for  the  faithful  performance 
of  their  duties,  in  a  form  approved  by  the  corporation  coun.sel,  and  in 
an  amount  and  with  a  sufficiency  of  sureties  approved  by  the  mayor 
of  said  city,  before  entering  upon  the  discharge  of  their  duties  with 
respect  to  the  receipt  of  any  public  moneys.  All  moneys  and  revenues 
received  from  the  sale  of  privileges  and  licenses  at  said  markets  or 
pertaining  thereto,  shall  be  deposited  daily  with  the  treasurer  of  said 
city  to  the  credit  of  the  market  fund  ;  and  the  said  market  com- 
missioners shall  cause  a  monthly  report  to  be  made  to  the  common 
council  of  said  city  not  later  than  the  tenth  day  in  each  month  after 
the  said  market  is  opened,  which  monthly  reports  shall  state  the 
amount  of  l)usiness  done  at  said  market  since  the  date  of  the  last 
report,  the  amount  of  all  revenues  received,  the  source  thereof,  and 
the  amount  paid  or  incurred  for  salaries  and  other  running  expenses 
of  said  market  within  such  time.  'I'he  said  market  commissioners 
shall,  in  the  month  of  January  in  each  year,  make  to  the  common 
council  of  said  city  a  full  report  of  their  proceedings  and  a  detailed 
statement  of  all  their  receipts  and  of  the  expenditures  pertaining  to 
said  markets  during  the  preceding  fiscal  year. 


City  oi     R(h  hksikk  411 

J;  lo.  Market  ordinances — TIk-  common  council  of  said  city 
shall  have  power  to  adopt  such  ordinances  not  inconsistent  with  the 
provisions  of  this  act  or  of  the  other  laws  of  the  state  as  it  may  deem 
necessary  or  desirable  for  the  re^^ulation.  management  and  conduct  of 
the  said  markets  ;  and  the  said  market  commissioners,  subject  to  the 
ordinances  of  the  common  council  and  the  provisions  of  this  act,  shall 
have  general  executi\e  supervision,  control,  direction  and  mana<^ement 
of  the  said  markets. 

ii  II.  Market  privileges — No  privilege,  place  or  stand  in  the 
said  markets  or  in  the  business  done  thereat,  for  a  longer  term  than 
one  month  shall  be  sold,  contracted  or  awarded,  gratuitously  or  other- 
wise, to  any  person,  corporation  or  tirm,  except  after  public  notice,  to 
the  highest  responsible  bidder:  nor  shall  anv  lease  of  any  stand,  or 
privilege  in  or  pertaining  to  said  markets  for  a  longer  term  than  three 
years  be  lei.  awarded  or  gi\en  lo  any  person,  tirm  or  corporation. 
The  amount  of  all  general  licenses,  fees  and  charges  for  market 
privileges  shall  be  fixed  by  general  ordinance  of  the  common  council. 

?;  12.  Market  expenses  On  or  before  the  first  day  of  Novem- 
ber in  each  year,  the  said  market  commissioners  shall  cause  to  be 
furnished  lo  ihe  mayor  estimates  in  writing  of  the  amount  of  expendi- 
tures for  the  maintenance  and  conduct  of  said  markets  for  the  next 
fi.scal  year  including  a  statement  of  the  salaries  of  the  market  officials 
and  employees,  which  estimates  the  mayor  shall  lay  before  the  board 
of  estimate  and  apportionment  at  its  next  meeting  thereafter,  and, 
after  consideration  and  such  action  or  amendment  as  the  board  of 
estimate  and  apportionment  of  the  city  may  choose  to  give  it,  such 
estimate  shall  be  made  a  i)art  of  the  yearly  estimate  of  the  board  of 
estimate  and  apportionment,  and  be  submitted  to  the  common  council, 
in  the  same  manner  and  in  accordance  with  the  provisions  of  law  pre- 
scribing the  yearly  estimates  for  the  expenses  of  conducting  the 
business  of  the  \arious  public  departments  of  said  city.  The  com- 
mon council  shall  h.iw  the  s.ime  power  with  respect  to  the  said 
estimates  for  the  expense  of  conducting  the  said  public  markets,  as  is 
provided  by  law  with  respect  to  the  other  items  of  the  annual  estimate 
of  the  l)oard  of  c'stimate  and  a|iiiortionment  of  saidcilv;  and  the 
amount  estimated  by  the  board  of  estimate  and  aj^portionment  for  the 
expense   of   conducting  said    markets  shall,  after  amendment,  if  any. 


412  Si'KciAi,   Laws  ok    ihk 

and  adoption  by  the  common  council,  become  a  part  of  the  annual  tax 
budget,  and  be  levied,  assessed  and  raised  by  tax  upon  the  real  and 
personal  property  liable  to  laxalion  in  said  city,  in  the  same  manner 
as  is  provided  in  and  by  the  laws  relating  to  the  levying  and  collection 
of  general  city  taxes  for  other  |niblic  purposes. 

§  13.  Rochester  market  bonds — For  the  purpose  of  pro- 
viding funds  to  pay  for  lands  acquired  under  the  provisions  of  this 
act,  and  the  expenses  thereof,  and  of  the  cost  of  buildings  and  im- 
provements thereon,  the  common  council  of  the  said  city  may  from 
time  to  time,  when  requested  by  resolution  of  the  board  of  market 
commissioners,  cause  to  be  issued  bonds  of  the  city  to  be  known  as 
the  "  Rochester  market  bonds,"  to  an  aggregate  amount  not  exceed- 
ing one  hundred  and  fifty  thousand  dollars.  Said  bonds  shall  run  for 
a  period  of  ten  years,  at  a  rate  of  interest  not  exceeding  three  and 
one-half  per  centum,  and  shall  contain  a  provision  that  they  may  be 
redeemed  at  the  end  of  five  years  or  thereafter,  upon  the  paxiuent  of 
principal  and  accrued  interest,  and  shall  be  sold  after  competition, 
upon  sealed  proposals.  The  city  treasurer  shall  cause  to  be  kept  in 
his  office  in  a  book  to  be  provided  for  that  purpose,  a  true  and  accu- 
rate statement  and  accovnit  of  each  and  e\"eiy  bond  issued  under  the 
provisions  of  this  act,  showing  the  number  of  each  bond,  the  date  and 
amount  thereof,  and  the  time  when  due,  and  such  books  shall  be  open 
for  public  inspection  and  shall  he  deli\ered  to  his  successor  in  office. 
The  lands  purchased  with  the  proceeds  of  the  sale  of  said  bonds  are 
hereby  pledged  for  the  payment  of  said  bonds  at  maturity:  and  said 
bonds  shall  be  paid  out  of  the  city  treasury  if  the  redemption  fund 
hereby  created  shall  prove  insufficient  therefor. 

^  14.  Market  bond  redemption  fund  -Until  the  bonds 
issued  pursuant  to  the  j^roxisions  of  this  act  are  paid,  there  shall  be 
provided  in  each  year,  and  paid  into  a  fund  to  be  known  as  the 
"  market  bond  redemption  fund,"  a  sum  equal  to  ten  per  centum  of 
all  outstanding  market  bonds.  If  the  revenues  and  receipts  of  the 
said  public  market  are  less  than  a  sum  sufficient  to  pay  the  interest 
upon  the  market  bonds,  and  the  annual  sinking  fund  installments,  the 
amount  of  such  deficiency  shall  be  raised  by  general  city  tax. 

5$  15.  Revenues  from  market — All  revenues  or  receipts  from 
said  markets  shall  be  deposited  with  the  city  treasurer  and  placed  to 


City  ok   Rochkstkr  41:) 

the  credit  of  the  pulilic  market  fund.  Such  revenues  shall  be  ap- 
plied :  First,  to  the  payment  of  interest  upon  the  bonds  issued  in 
pursuance  of  this  act.  Second,  any  excess  of  revenues  after  the  pay- 
ment of  the  interest  upon  the  bonds  shall  be  applied  to  the  payment 
of  the  annual  sinking  fund  installment  of  ten  per  centum  of  the 
amount  of  outstanding  bonds.  I'hird.  any  excess  of  revenues  remain- 
ing after  the  payment  of  the  annual  interest  charges,  and  of  the 
sinking  fund  installment  shall  be  applied  to  the  maintenance  of  said 
public  market,  l-'ourth,  any  excess  of  revenues  remaining  unex- 
pended after  the  payment  of  the  interest  upon  the  bonds,  the  annual 
sinking  fund  installment  and  the  annual  expenses  of  maintenance, 
shall  become  available  for  the  general  expenses  of  the  city  government, 
and  shall  be  applied  to  such  public  uses  as  in  the  judgment  of  the 
board  of  estimate  and  apportionment  may  be  most  beneticial  to  the  city. 

V?    1 6.     Treasurer  the  custodian  of   market  revenues — Ihc 

treasurer  of  said  city  shall  have  the  care  and  custod\-  of  all  receipts 
and  revenues  of  the  said  public  market,  and  shall  make  all  disburse- 
ments pertaining  or  relating  to  said  public  market  and  its  manage- 
ment in  accordance  with  the  laws  regulating  the  disbursements  for  the 
maintenance  and  operation  of  the  other  public  departments  of  said  city. 

4;  17.  Market  claims — All  claims  against  the  city  arising 
from  or  pertaining  to  the  said  market  or  its  operation,  shall  be  pre- 
pared, presented,  audited  and  paid  as  provided  by  the  laws  regulating 
the  procedure  as  to  other  claims  against  said  city. 

§    18.      VVhen  in  effect    -This  act  shall  take  eflecl  immediatelv. 


REWARDS 

An   Ac  r  ai  1  iioki/inc.    rni;   M.\^OK  01     rnK  rrrv   oi-    Koc  hksikk    ro 

KXPENI)  MONEY  A  M  >  KKWAKDS  IN  NKaKSSAKY  EXTENSKS  FOR 
IHE  AIM'KEIIENSION  OR  CONVICTION  OI"  I'KUSOVS  (Ull  IN  ol 
CRIME    IN    SAID    (  ITV.       ( /,.     1902.    Cfl.   540). 

Section  1.  A\ayor  may  offer  rewards — The  mayor  of  the 
city  of  Rochester  is  herein'  authorized  to  offer  rewards  and  ex- 
pend  money   in    necessary  expenses   for   the   apprehension   and    con- 


414  Si'KA  lAi.    Laws  oi     iiik 

viction  of  persons  guilty  of  committing  crime  in  said  city,  in  such  an 
amount  as  shall  he  approved  hy  the  hoard  of  estimate  and  apportion- 
ment and  the  common  council.  'I'he  sums  so  expended  shall  he 
assessed  and  collected  as  other  city  charges. 

i!    2.      When    in   effect       This  act  shall  take  effect  immediatelv. 


ROCHESTER    AND    GENESEE    VALLEY 
RAILROAD   COMPANY'S   STOCK 

An    Act  tci    authori/k    thk    citv    ok    Rochester    io    sei.i.    and 

DISPOSE     0|-     THE     STOCK      OI'     THE      ROCHESTER      AND     GeNESEE 

Vai.lev  Raii  road  co.mpann  owned  hy  it.     (/,.  1903,  C//.  381). 

.Section  i.  City  may  sell  railroad  stock — 'I'he  city  of  Roch- 
ester is  hereby  authorized  to  sell  and  dispose  of  the  stock  of  the 
Rochester  and  (ienesee  Valley  railroad  company  owned  by  it,  to  the 
highest  bidder  or  bidders,  after  competition,  upon  sealed  proposals. 
At  least  ten  days  notice  of  such  sale  shall  be  published  in  the  official 
newspapers.  The  other  details  of  such  sale  and  the  time  thereof 
shall  be  determined  by  the  common  council.  The  officer  designated 
by  the  common  council  to  conduct  such  sale  shall  have  the  power  to 
reject  all  bids,  whereupon  bids  may  be  re-advertised  for. 

>;    2.      When    in   effect — This  act  shall  take  effect   immediatelv. 


SCHOOLS 

An  Act  to  e.m power  the  citv  ok  Rochester  to  acquire  title 
to  lands  taken  for,  or  in  addition  to,  sites  for  school 
iu;ii.DiN(;s.     (L.  1885,  C//.  27). 

Section  i.  City  authorized  to  acquire  Iand5  for  school 
sites — The  city  of  Rochester  is  hereby  authorized  and  empowered  to 
acquire  title  to  land  designated  by  the  board  of  education  of  said 
city  as  a  site  for  a   public  school   building,  or  additional  land   adjoin- 


C^ITV    OK     RtKHKSTKR  41;") 

in^^  and  for  the  enlargement  of  an  established  site  in  the  manner 
hereinafter  specified,  in  cases  where  the  said  city  is  unable  to  acquire 
title  to  said  land  by  purchase. 

j  2.  Proceedings — The  board  of  education  of  said  city,  by 
and  with  the  consent  of  the  common  council,  may  present  a  petition 
in  the  name  of  the  city  of  Rochester  praying  for  the  appointment  of 
commissioners  of  appraisal  to  the  supreme  court  at  any  general  or 
special  term  thereof  held  in  the  seventh  judicial  district ;  such  petition 
shall  be  signed  and  verified  either  by  the  mayor  of  said  city  or  by  the 
president  of  the  said  board  of  education  ;  said  petition  shall  contain 
an  allegation  that  the  board  of  education  of  the  said  city  has  desig- 
nated the  lands  for  the  site  of  a  public  school  building,  or  in  addition 
to.  and  for  the  enlargement  of.  an  established  site,  describing  such 
land  by  its  locality,  and  by  metes  and  bounds,  stating  the  quantit)- 
thereof,  as  nearly  as  may  be,  and  shall  state  that  the  said  city  has 
not  been  able  to  acquire  title  thereto  and  the  reason  of  such  in- 
ability :  and  it  must  also  state  the  names  and  places  of  residence  of 
the  parties  who  own  or  have,  or  claim  to  own  or  have,  estates  or 
interests  in  the  property  so  sought  to  be  acquired,  as  far  as  the 
same  can  b}-  reasonable  diligence  be  a.scertained.  If  an\  of  such 
persons  are  infants,  their  ages,  as  near  as  may  be.  must  be  stated  : 
if  anv  are  idiots,  or  persons  of  unsound  mind,  or  imknown.  such 
facts  must  be  stated,  together  with  an  allegation  of  all  liens  or 
incvnnbrances  u]X>n  said  j^ropertx'  which  arc  within  the  knowledge  of 
the  said  board  of  education.  Said  petition  shall  be  tiled  in  the 
office  of  the  clerk  of  the  county  of  Monroe,  and  at  the  time  of  the 
tiling  thereof,  or  at  any  lime  afterward,  the  ])elitioners  may  cau.se  a 
notice  of  the  pendency  of  the  proceeding  to  be  filed  in  said  office, 
which  notice  the  county  clerk  shall  file  and  record  in  the  same 
mannei  that  similar  notices  in  actions  in  the  su|M"en>e  court  are 
recjuiretl  to  be  filed  and  recorded,  which  notice  shall,  state  the  object 
of  the  proceeding  and  contain  a  description  of  the  land,  and  the 
nanus  of  the  parties  afiected  thereby.  And  all  persons  who  shall 
claim  in  whatsoever  wav  any  title  to.  interest  in.  lien  or  incum- 
brance upon  said  land  after  the  filing  of  the  notice  of  the  pendency 
of  the  proceedings  aforesaid,  shall  be  l)ound  and  afiected  by  said 
proceeding  in  the  same  manner,  and  to  the  same  extent,  as  if  they 
had   been  named  in  the  petition   as   parties  thereto,  and  said  ]>ersons 


41<i  Special    Laws  ok    iiik 

shall  also  be  bound  in  the  same  manner,  and  to  the  same  extent,  by 
notice  of  the  existence  of  said  proceedini:^.  whether  notice  of  the 
pendency  thereof  has  been  filed  or  not. 

S  3.  Service  of  petition  and  notice — A  copy  of  said  petition, 
with  a  notice  of  the  time  when  and  the  place  where  the  same  will  be 
presented  to  the  supreme  court,  must  be  ser\ed  on  all  persons  whose 
interests  are  to  be  affected  by  sucli  proceeding  at  least  ten  days  prior 
to  the  presentation  of  such  petition  to  the  court.  If  the  person  upon 
whom  such  service  is  made  resides  in  this  state  and  is  not  an  infant, 
idiot  or  person  of  unsound  mind,  service  of  a  copy  of  such  petition 
and  notice  must  be  made  upon  him  personally,  or  by  leaving  the 
same  at  his  usual  place  of  residence  with  some  person  of  suitable  age. 
If  the  person  on  whom  such  service  is  to  be  made  resides  out  of  this 
state  within  any  of  the  states  of  the  L'nited  States,  or  in  any  oi  the 
British  colonies  in  North  America,  such  service  must  be  made  by 
publishing  a  notice  stating  briefly  the  object  of  the  application  and 
giving  a  description  of  the  land  or  other  property  to  be  taken,  in  two 
daily  newspapers  published  in  the  city  of  Rochester,  once  a  week  for 
six  weeks  next  previous  to  the  presentation,  and  also  by  depositing  a 
copy  of  the  petition  and  notice  in  the  post-office  at  Rochester,  properly 
folded  and  directed  to  such  person  at  his  post-office  address,  if  the 
same  can  be  ascertained,  with  postage  thereon  prepaid,  at  least  thirty 
days  before  presenting  such  petition  to  the  court.  If  any  such  per- 
-son  shall  be  an  infant,  such  service  shall  be  made,  as  aforesaid,  upon 
his  general  guardian  if  he  has  one.  and  upon  such  infant  personally 
if  over  the  age  of  fourteen  years ;  if  under  that  age,  on  the  per.son 
with  whom  such  infant  shall  reside;  in  each  case  in  the  same  mode 
and  in  the  same  number  of  days  before  the  specified  day  for  the 
presentation  of  the  petition  as  if  the  service  were  upon  an  adult 
owner,  according  to  the  place  of  residence  of  such  guardian,  infant  or 
person  with  whom  such  infant  resides  upon  whom  service  is  made. 
If  the  per.son  upon  whom  such  service  is  to  be  made  is  an  idiot,  or 
person  of  un.sound  mind,  service  shall  be  made  upon  the  committee 
of  his  person  or  estate,  or,  if  there  be  no  such  committee,  then  upon 
the  person  who  shall  have  the  care  of  such  idiot  or  person  of  unsound 
mind  in  the  same  mode  and  the  same  number  of  days  before  presen- 
tation of  the  petition  as  in  other  cases;  if  the  person  upon  whom  such 
service  is  to  be  made  is  unknown,  or  his   residence  is  unknown    and 


Ciiv  OK  Rochester  417 


cannot  by  reasonable  diligence  l)e  ascertained,  then  such  service  may 
be  made,  under  the  direction  of  the  court,  by  pubHshing  a  notice 
stating  the  time  and  place  where  the  petition  will  be  presented,  and 
the  object  thereof,  with  a 'description  of  the  land  or  other  property  to 
be  affected  by  the  proceeding,  in  two  daily  newspapers  printed  in  the 
city  of  Rochester,  once  a  week  for  six  weeks  previous  to  the  presenta- 
tion thereof  to  the  court,  in  all  cases  not  herein  otherwise  provided 
for,  service  of  the  petition  and  notices  and  other  papers  in  the  pro- 
ceedings authorized  by  this  act  shall  be  made  as  the  supreme  court 
in  the  seventh  judicial  district,  or  a  judge  tlrereof,  shall  direct. 

§  4.  Appointment  of  special  guardians,  etc. —  In  case  any 
party  to  be  affected  by  the  proceedings  hereby  authorized  is  an  infant, 
idiot  or  of  unsound  mind,  and  has  no  general  guardian  or  committee, 
the  court  to  which  such  petition  shall  be  presented  shall,  before  taking 
any  other  proceedings  thereon,  appoint  a  special  guardian  to  attend 
to  the  interests  of  such  j^erson  in  the  proceedings:  if  a  general 
guardian  or  connnittee  has  been  appointed  for  such  person  in  this 
-State,  it  shall  be  the  dul\-  of  such  general  guardian  or  committee  to 
attend  to  the  interests  of  such  infant,  idiot  or  person  of  unsound 
mind.  The  court  may  require  security  to  be  given  by  such  general 
or  special  guardian  or  comiriittee  as  it  may  deem  necessary  to  protect 
the  rights  and  interests  of  such  infant,  idiot  or  person  of  unsound 
mind.  All  notices  required  to  be  served  in  the  progress  of  the  pro- 
ceedings ma\'  be  served  upon  such  general  or  special  guardian  or 
committee.  Any  person  may  appear  in  such  proceedings  by  attorney 
upon  whom  all  papers  shall  be  served  at  the  place  designated  in  his 
notice  of  appearance.  The  court  shall  appoint  some  competent 
attorney  to  appear  for  and  |)r()tet  l  the  rights  of  an\-  part)-  in  interest 
who  is  unknown  or  whose  residence  is  unknown,  and  who  has  not 
appeared  iii  the  proceedings  by  attornew 

^   5.     Presentation  of  petition  in  court;   proceed inj>,s —On 

presenting  such  petition  tq  the  supreme  court  as  aforesaid,  with  proof 
of  the  service  of  a  copy  thereof,  and  of  said  notices  as  aforesaid,  all 
persons  whose  estates  or  interests  are  to  be  affected  by  the  proposed 
proceedings  relative  to  the  land  described  in  the  petition  may  appear 
in  person,  or  bv  attorney,  before  the  said  court,  and  show  cause 
against  the  gianling  of  the  jiraver  of  the  said  jietitidn.       The  court  >hall 


418  Si'KciAi.  Laws  oi-   thk 

hear  the  proofs  and  allegations  of  the  parties,  and  if  no  sufficient  cause 
be  shown  against  granting  the  prayer  of  the  petition,  it  shall  make  an 
order  appointing  three  disinterested  and  competent  freeholders  who 
reside  in  the  county  of  Monroe,  as  commissioners  to  ascertain  and 
appraise  the  value  of  said  land,  and  determine  the  compensation  to  be 
made  to  the  owners  or  persons  interested  in  said  property  so  to  be 
acquired  ;  the  said  order  shall  also  appoint  the  time  and  place  for  the 
first  meeting  of  said  commissioners. 

§  6.  Commissioners  of  appraisal;  powers  and  duties; 
compensation  ;  costs — '{'he  said  commissioners,  before  entering 
upon  their  duties,  shall  be  sworn  before  some  officer  authorized  to 
administer  an  oath,  that  they  will  fairly  and  impartially  view  the  land 
in  question,  hear  the  proofs  and  allegations  of  the  parties  interested, 
and  make  a  just  and  reasonable  award  of  the  compensation  to  be  paid 
by  the  city  of  Rochester  for  the  said  land  to  be  appropriated  for  the 
site,  or  a  part  of  the  site,  of  a  public  school  building.  The  said  com- 
missioners shall  have  power  to  subpcena  and  administer  oaths  to 
witnesses,  and  the  majority  of  them  may  adjourn  the  proceedings 
from  time  to  time  in  their  discretion.  They  shall  also  view  the 
premises  described  in  the  petition,  and  hear  the  proofs  and  allegations 
of  the  parties,  and  reduce  the  testimony  taken  before  them,  if  any,  to 
writing,  and  after  the  testimony  is  taken  in  each  case,  they,  or  a 
majority  of  them,  shall,  without  unnecessar)-  delay,  ascertain  and 
determine  the  compensation  whicii  ought  justly  to  be  made  to  the 
owners  or  persons  interested  in  the  property  so  sought  to  be  acquired, 
and  they,  or  a  majority  of  them,  shall  also  determine  what  sum  ought 
to  be  paid  to  the  general  or  special  guardian  of  any  infant,  or  to  the 
committee  of  any  idiot,  or  person  of  unsound  mind,  or  to  an  attorney 
appointed  to  attend  to  the  interests  of  any  unknown  owner  or  party 
in  interest  not  personally  served  with  notice  of  the  proceeding,  who 
has  not  appeared,  for  his  costs  and  expen.ses  ;  they  shall  make  a  report 
of  their  proceedings  and  award  in  the  case,  signed  by  them,  or  a 
majority  of  them,  which  shall  be  accompanied  by  the  minutes  of  the 
testimony  taken  by  them.  The  said  commissioners  shall  each  be 
entitled  to  five  dollars  for  ever\  da)-  they  are  actually  engaged  in 
the  performance  of  their  duties,  together  with  their  expenses,  which 
shall  be  paid  by  the  city  of  Rochester.  Where  the  owners,  or  persons 
interested    in   the   property  sought  to  be  acquired  shall  have  awarded 


City  of   Rochester  419 

to  them  an  amount  not  exceeding  the  compensation  offered  by  the 
city  of  Rochester  for  such  property  so  sought  to  be  acquired  for  their 
interest  therein,  the  said  city  may  ij|pCover,  and  the  said  supreme  court 
may  award  against  such  persons  the  amount  so  paid  to  said  com- 
missioners, and  necessarily  expended  for  witnesses,  or  such  part 
thereof  as  said  supreme  court  shall  deem  proper. 

^  7.  Confirmation  of  report — On  such  report  being  made 
by  such  commissioners,  the  said  city  of  Rochester  shall  give  notice  to 
the  parties,  or  their  attorneys,  according  to  the  rules  and  practice  of 
the  supreme  court,  that  application  will  be  made  to  the  said  court  at  a 
general  or  special  term  thereof  for  the  confirmation  of  such  report, 
and  the  court  shall  thereupon  make  an  order  reciting  the  proceedings, 
giving  a  description  of  the  land  appraised,  confirming  the  report,  and 
directing  to  whom  the  compensation  awarded  shall  be  paid,  or  in  what 
bank,  or  in  what  manner  it  shall  be  deposited  by  the  said  city. 

i?  8.     Delivery    of    certificate;    recording   order;    appeals 

— A  certified  copy  of  the  last  mentioned  order  shall,  with- 
out unnecessary  delay,  i^e  delivered  by  the  clerk  of  said  court 
to  the  mayor,  or  president  of  the  board  of  education  of  said 
city,  whose  duty  it  shall  be,  forthwith,  to  cause  the  same  to  be 
recorded,  at  the  expense  of  the  city  of  Rochester,  in  the  office  of  the 
clerk  of  the  county  of  Monroe.  Upon  said  order  being  recorded  as 
aforesaid,  and  upon  the  payment  or  deposit  by  the  said  city  of  the 
sum  to  be  paid  as  compensation  for  the  property  so  taken,  and  for 
the  costs  and  expenses,  as  aforesaid,  as  directed  by  said  order,  the 
said  city  shall  be  entitled  to  enter  upon,  take  possession  of  and  use 
the  said  property  as  a  site  for  a  public  school  building,  and  all  persons 
who  have  been  made  parties  to  the  said  proceedings  shall  be  divested 
of  all  right,  estate  and  interest  in  the  same.  All  property  acc|uired 
pursuant  to  the  pro\isions  of  this  act  shall  be  deemed  to  be  acquired 
for  public  use.  Within  twenty  days  after  confirmation  of  the  report 
of  said  ct)mmissioners  either  party  may  appeal,  by  notice,  in  writing. 
to  the  others,  to  the  supreme  court,  from  the  appraisal  and  report  of 
the  said  commissioners  ;  such  appeal  shall  be  heard  by  the  supreme 
court  at  a  general  or  special  term  thereof  on  the  usual  notice  required 
by  the  rules  and  practice  of  said  court.  On  the  hearing  of  such 
appeal  the  court  may  direct  a  new  appraisal  before  the  same  or  new 
commissioners,   in    its    discretion.      No    appeal    shall    affect    the   pos- 


4"J<>  Spkciai,  Laws  ok  thk 

session  or  use  l)y  the  said  city  of  the  property  so  appraised,  and  when 
the  same  is  made  by  others  than  said  city,  it  shall  not  be  heard,  except 
on  stipulation  of  the  part\   appeal^i-  not  to  disturb  such  possession. 

$  9.  Deposit  of  money  into  court — If  there  are  adverse  and 
conflicting  claims  to  the  money,  or  an\'  part  of  it.  to  be  paid  as  com- 
pensation for  the  property  so  taken,  the  court  may  direct  the  money 
to  be  paid  into  court,  and  may  determine  who  is  entitled  to  the  same, 
and  to  whom  the  same  shall  be  paid,  in  a  summary  manner,  and  may 
order  a  reference  to  determine  the  facts  on  which  such  determination 
and  order  shall  be  made. 

§  10.  Power  of  court  to  make  orders,  etc.  When  the 
mode  or  manner  of  conducting  any  of  the  proceedings  to  the  appraisal 
of  the  property  .sought  to  be  taken,  and  the  proceedings  consequent 
thereon,  are  not  expressly  provided  for  in  this  act,  the  said  court 
before  whom  such  proceedings  are  pending  shall  have  power  to  make 
all  necessary  orders  to  that  end.  M'he  said  court  shall  also  have  power 
at  any  time  to  amend  any  defect  or  informalit)-  in  any  of  the  proceed- 
ings authorized  by  this  act,  or  cause  new  parties  to  be  added  to  said 
proceedings  and  further  notice  to  be  given  to  any  party  in  interest  as 
it  may  deem  proper  :  and  the  court  shall  also  have  power  to  appoint 
commissioners  in  the  place  of  any  wiio  siiall  die.  refuse  to  serve,  or  be 
incapable  of  serving. 

5;  II.  Power  of  court  to  enforce  act — In  case  of  appraisal 
under  this  act  the  court  shall  have  power  to  make  all  necessary  orders 
and  directions  to  carry  into  effect  the  object  and  intent  of  this  act, 
and  to  compel  the  delivery  to  the  said  city  of  Rochester  of  the  pos- 
se.ssion  and  control  of  all  property  or  rights  acquired  thereby.  The 
practice  in  such  cases  shall  be  conformed,  as  nearly  as  may  be,  to  the 
ordinary  practice  of  said  court. 

§    12.      When  in  effect — This  act  shall  take  effect  immediately. 


.\\       Acr       TO      INCORfORATK      THK       RorilKSTKR      TKACHKRS'      RKT.IKK 
^(K  IKIV.      {I..   189;^.  Ch.  426). 


An     Al  I      ID    AUrHORlZE    thk    city    ok     RoCHE.STER      10     I,KVY     A      lAX 
FOR    THE    PURPOSE    OK    ERECTING    A    NEW    SCHOOL    BUILDING.      (  Z. 

1893,  Ch.  616).     {School  tiionbcr  three). 


City  ok  Rochkster  4'jl 


A.N     A(    I       lo      AITHORIZE     THE     COMMON     lOlMll,     Ol        IHK      CI  IV    OK 

Rochester  to  raise  money  to  provide    for    the    deficien- 
cies   IN    THE    FUNDS    FOR    THE    SUPPORT    OF  THE    PUBLIC    SCHOOLS 

OF  SAID  CITY.     (/.  1894,  Ch.  15).     {To  pay  ontstmidin}^  bills  to 
aiiii  iiiiii/i/iii;^  Man/i   31,    1894). 

An    AtT    TO   PROVIDE   FOR     IHE   PAVMENI    OF    CERTAIN   CLAIMS    ACAINST 
THE    BOARD    OF    EDUCATION    OF     THE    CITY     OF     ROCHESTER.       (Z. 

1894,  C/i.   124).     {To  pay  clahns   oiitstanding  at  conunencement 

of  fiscal  year,    1894). 

An   Act  to    althori/k     ihk    city    of    Roche.ster    to    levy  and 

COLLECT    a    tax    FOR    THE    PURPOSE    OF  ERECTINO    A    NEW    PUBLIC 

SCHOOL  BUILDINO.     ( /.  1898.  C7/.  570).     {School  ninnbcr  twelve). 

An  Act  to    authorize    the    common    council    of    the    city   of 
rochester  to  raise  money  for  the  purpose  of  purchasing 

SITES    AND    ERECTINc;     NEW    PUBLIC    SCHOOL     BUILDINGS    THEREON 

IN  SUCH  CITY.      (Z.  1899,  Ch.  366).       {Bitildin^^s  and  sites  not 
spccijied  ill  ad'). 

An   Act  auihorizino   and    niRKe  iing    the    common    council    of 
THE  criY  OF  Rochester    to    cause    to    be    issued  bonds  of 

SAID    CITY,    THE    PROCEEDS    OF    THE    SALE    THEREOF    TO     BE    CRED- 
ITED  TO    THE    BUILDING      FUND    OF     THE    BOARD     OF     EDUCATION, 

FOR    THE    PURPOSE    OF    KRKCTINf.     HIGH     SCHOOL     BUILDINGS.       (/. 
I9OI  ,   Ch.    II  4). 

Section  i.  High  school  bonds — I'Ik- conunon  council  of  tlic 
city  of  Rochester  fortlnvith,  upon  demand  of  the  lioard  of  education 
of  said  city,  shall  frf^n  time  to  time  cause  to  be  issued  bonds  of  said 
city  in  such  amounts  as  are  rec|uired  by  said  board  of  education  for 
the  purpose  of  erecting  liigh  school  buildini,'s.  the  aij>::i"eijate  amount 
thereof  not  to  exceed  the  sum  f)f  three  hundred  thousand  dollars. 
Said  bonds  shall  run  for  a  ])eriod  of  ten  years,  and  shall  contain  a 
provision  that  they  may  be  redeemed  at  the  end  of  five  years,  or  there- 
after, upon  the  payment  of  principal  and  accrued  interest,  and  shall 
be  .sold,  after  competition  upon  sealed  proposals  at  not  less  than  par. 
and  at  a  rate  of  interest  not  exceeding;  three  and  one-half  per  centum 
per  annum. 

«>  2.  Proceeds  of  bond  sale — The  jiroceeds  of  the  sale  of  said 
bonds  sliall  he  placed  to  the  credit  of  the  building  fund  of   the  board 


\2'2  Si'KCiAi.   Laws  ok   thk 

of  education  ot  the  city  ol  Rochester.  The  sums  so  raised  sliall  be  in 
addition  to  the  amounts  otherwise  rec|uired  by  law  to  be  raised  for  the 
maintenance  of  the  department  of  eckication  of  the  city  of  Rochester. 
I'endin*;  the  sale  of  any  of  said  bonds  the  common  council  (jf  the  city 
of  Rochester  may  borrow  money  for  the  purposes  of  this  act.  upon 
the  promissory  note  or  notes,  or  certificates  of  indebtedness  of  said 
citv.      (As  nmniticil  /..   M)02.  C/i.  535). 

§  3.  Redemption  fund — I'ntil  the  bonds  issued  j^ursuant  to 
the  pro\isions  of  this  act  are  paid  and  redeemed  the  balance  of 
moneys  hereafter  appropriated  for  the  maintenance  of  the  department 
of  education  of  the  city  of  Rochester,  and  of  school  moneys  appro- 
priated to,  or  provided  for.  the  city  of  Rochester  remaininjj;  unex- 
pended at  the  end  of  each  fiscal  year,  shall  be  paid  into,  and  be  and 
constitute  a  fund  for  the  redemption  of  the  bonds  issued  pursuant  to 
the  provisions  of  this  act.  If  such  sum  does  not  amount  to  tlie  sum 
of  thirty  thousand  dollars  then  the  treasurer  of  the  city  of  Rochester 
shall  transfer  to  said  redemption  fund  from  the  moneys  appropriated 
the  succeeding  fiscal  year  for  the  niairitcnance  of  the  department  of 
education  a  sum  which  with  such  unexpended  balance  shall  equal  the 
sum  of  thirty  thousand  dollars.  When  any  bonds  issued  pursuant  to 
the  provisions  of  this  act  become  due  they  shall  be  paid  from  said 
redem])tion  fund,  and  if  there  shall  not  be  any  or  sufficient  money  in 
said  fund  to  pay  and  redeem  the  bonds  due  the  amount  necessary  to 
pay  and  redeem  such  bonds,  after  applying;  thereto  iW-  moneys  in 
said  redemption  fund,  if  an\-.  shall  be  paid  by  the  city  of  Rochester. 

vj   4.      When    in   effect       Tiiis  act  shall  lake  effect  immediately. 


SHWERS 

An   Act     to     i-rovidk    i'ok    riiK    i-aymknt  im      im.    losr    ami  k.\- 

I'ENSKS  OK  TlIK  CONSTRUCTION  OK  A  rKl  NK  SKWKK  ON  THK 
EA.ST  SIDE  OK  THE  GeNESEE  RIVER,  IN  THE  CITV  OK  ROCH- 
ester, hv  the  issue  ok  honds  ok  said  (  itv,  and  i'rovidinc. 
kok  rhe  payment  ok  said  honds  hv  local  assessments. 
(/.     icSqo.  C/i.  347). 

Section  i.  Bonds — The  common  council  of  the  city  of  Roch- 
ester for  the  purpose  of  providing  for  the  payment  of  the  cost  and 
expenses  of  the  construction  of  a  trunk  sewer  on  the  east  side  of  the 


Cirv  OK    K»K  iiKsiKk  4'J."J 

(ienesee  river  in  said  city,  may,  from  time  to  lime,  authorize  the  tity 
treasurer  of  said  city  to  issue  bonds  of  said  city,  in  an  amount  not  to 
exceed,  in  the  agjjreijate.  the  sum  of  one  milhon  dollars  :  said  bonds, 
when  issued,  shall  be  sij,med  by  the  said  treasurer  and  countersigned 
In-  the  mayor  and  the  president  of  the  common  council  of  said  city. 
I'hey  shall  be  known  as  the  east  side  trunk  sewer  bonds.  'I'hey  shall 
be  issued  in  separate  series  of  twenty-tive  thousand  dollars  respec- 
tively. Ihe  tirst  of  said  series  of  twenty-five  thousand  dollars  shall 
be  made  due  And  be  pa\abk-  in  ten  years  from  the  date  of  issue,  and 
the  succeeding  series  of  said  bonds,  shall  be  so  made  due  and  be 
pavable  that  one  of  said  series  of  said  bonds,  and  only  one  shall  fall 
due  and  be  payable  in  each  and  every  year  following  the  year  in 
which  said  tirst  series  of  said  bonds  shall  fall  due  and  be  payable, 
i'he  citv  of  Rochester  shall  have  the  privilege  of  paying  any  and  all 
of  said  bonds  at  anv  time  after  ten  \ears  from  the  date  of  issue. 
.Said  bonds  shall  bear  interest  at  a  rate  not  to  exceed  four  per  centum 
])er  annum,  payable  semi-annually,  on  the  first  days  of  January  and 
|ul\  in  each  vear.  The  interest  and  principal  of  said  bonds  shall  be 
jiayable  in  the  city  <-)f  New  \ork.  It  shall  be  the  duty  of  the  city 
treasurer  to  keep  a  complete  record  of  said  bonds,  including  the  date 
thereof,  the  number  of  each  bond  and  series  number,  the  time  of 
maturitv  and  to  whom  issued,  if  registered.  The  proceeds  of  saiil 
bonds  shall  be  ap|)lied  to  the  payment  of  the  cost  and  expenses  of 
con.struction  of  said  trunk  sewer.      {As  niiu-iiJrii  I..  i.S(j2,  i'li.  74). 

55  _'.  Sale  of  bonds  \\  hene\er  the  issue  of  any  bonds  by 
\irtue  of  this  .k  t  shall  be  authorized  by  said  connnon  council, 
said  treasurer  sh.ill  iinite  scaled  proposals  therefor  by  public 
advertisement  for  \vA  less  than  ten  days,  .md  may  award  the 
same  to  the  highest  bidder  therefor.  pro\  idetl  that  nc*  pro- 
posal shall  be  accepted  for  less  than  the  par  value  of  said 
bonds:  and  said  proposals  shall  be  jiublicly  opened  only  by  the 
treasurer,  or  such  other  |KMson  as  said  common  c;ouncil  may 
designate,  in  the  presence  of  the  linance  committee  of  said  connnon 
council  or  such  of  them  as  shall  attend  at  the  time  and  place  specified 
in  said  advertisement,  and  said  treasurer  with  the  approval  of  said 
finance  committee  or  such  members  thereof  as  may  be  present  shall 
determine  what,  if  any.  part  of  said  proposals  shall  be  accepteil  :  but 
nothing  herein   contained   shall  be  construed  to  prevent  the  rejection 


424  Si'K.riAI.     T.AW'S    OK     IHK. 

of  an\-  or  all  nf  said  proposals:  and  said  common  council  is  further 
authorized,  for  the  purpose  of  payin^;  for  the  cost  and  expenses  of 
carrying  on  the  construction  of  any  work  now  being  done,  pending 
the  sale  of  any  of  said  bonds,  to  borrow  by  a  vote  of  three-fourths  of 
all  the  members  elected,  subject  to  the  approval  of  the  mayor,  upon 
the  credit  of  the  city,  by  its  promissory  note  or  notes,  payable  in  not 
more  than  a  year  after  their  date,  so  much  money  as  may  be  deemed 
necessar)-,  and  the  amount  so  borrowed  shall  be  placed  to  the  credit 
of  the  east  side  trunk  sewer  fund,  to  be  refunded  with  interest  from 
the  proceeds  of  the  sale  of  said  bonds,     {/is  ainciuici/  L.  1894.  C/t. 

419)- 

§  1^.  Payment  of  interest — The  interest  on  all  bonds  issued 
h\  virtue  of  this  act.  shall  be  paid  by  the  city  treasurer  out  of  the 
contingent  fund  of  said  city:  which  said  fund  shall  be  reimbursed  for 
moneys  so  expended  by  provision  as  hereinafter  contained.  For  the 
purpose  of  providing  the  contingent  fund  with  moneys  sufficient  to 
meet  the  payment  of  said  interest,  the  common  council  may,  when- 
ever necessary,  authorize  the  city  treasurer  to  borrow  money  in 
anticipation  of  the  assessment  hereinafter  directed  to  be  made  on  the 
city's  note.  Such  note  may  be  renewed  from  time  to  time,  but  only 
until  moneys  sufficient  to  pay  the  same  have  been  realized  from  said 
assessment. 

>?  4.  Assessment — l-or  the  purpose  of  meeting  the  payment 
of  said  bonds  as  they  become  due.  and  of  reimbursing  the  contingent 
fund  for  moneys  expended  for  the  payment  of  interest  on  said  bonds 
and  for  all  costs  and  expenses  of  discounting  the  city's  notes  for  the 
pavment  of  said  interest,  the  common  council,  in  the  year  eighteen 
hundred  and  ninety-eight,  shall  pass  a  resolution  declaring  the  part  or 
portion  of  the  cit}-  which  they  deem  benefited  by  the  construction  of 
said  trunk  sewer,  and  which  they  deem  proper  to  be  assessed  therefor, 
which  part  or  portion  of  the  city,  however,  shall  be  entirely  on  the 
east  side  of  the  Genesee  river,  in  said  city.  They  shall  estimate  and 
declare  the  amount  of  money  necessary  to  be  raised  to  meet  the  pay- 
ment of  such  of  said  bonds  as  will  fall  due  in  the  next  succeeding 
five  years,  and  the  amount  of  money  necessary  to  be  raised  to  reim- 
burse the  contingent  fund  for  moneys  theretofore  expended,  or  to  be 
expended  for  interest  during  the  same  period,  on   any  and   all  bonds 


C'lTY    OF     RoCUKSIKK  425 

issued  by  virluu  oi  this  act.  and  all  cost  and  expenses  of  discounting 
the  city's  notes  theretofore  and  during  said  period  for  the  payment  of 
said  interest,  and  they  shall  declare  that  the  amount  so  estimated  and 
declared  shall  be  rai.sed  by  assessment  on  the  property  which  they 
have  determined  to  be  benefited.  I'hey  shall  determine  and  declare 
that  the  a.s.se.ssment  to  be  made  shall  be  paid  in  not  more  than  five 
equal  payments,  one  within  thirty  days  from  the  time  that  the  treasurer 
advertises  the  same,  as  hereinafter  provided  for.  and  the  balance  in 
one,  two.  three  and  four  years,  respectively,  from  the  confirmation  of 
the  assessment  roll.  Said  common  council  is  hereby  authorized  to 
employ  such  assistance  as  may  be  necessary  for  the  preparation  of 
said  assessment,  and  the  cost  and  expenses  thereof,  except  the  salary 
of  the  assessors,  shall  be  assessed  from  time  to  time  as  said  common 
council  may  deem  proper,  upon  the  territory  declared  to  be  benefited 
as  above  provided.      (.-Is  aviciuhui  /..   1898,  C/i.  585). 

55   5.      Repealed.     (/.  1892.  Ch.  74,  >J  3). 

§  6.  Order  of  assessment — The  common  council  shall  there- 
upon make  an  order  reciting  the  amount  of  money  to  be  raised  by 
such  as.sessment  as  aforesaid,  and,  thereupon,  the  city  assessors  shall 
make  an  assessment  ui)(>n  all  the  lots  and  parcels  f)f  land  within  the 
portion  or  part  so  designated,  of  the  amount  of  money  to  be  raised,  in 
proportion,  as  nearly  as  may  be.  to  the  advantage  which  each  may  be 
deemed  to  receive  by  the  making  of  such  improvement,  which  order 
shall  be  certified  to  by  the  clerk  of  the  said  city,  and  delivered  to  some 
one  of  the  said  assessors.      (As  (jiiir/h/r,/  /,.  1892,  C7i.  741. 

<j  7.  Oath  of  assessors — It  shall  be  the  duty  of  ihe  said 
assessors  to  meet  together  at  such  time  and  place  as  may  be  agreed 
upon  by  them  and  thereupon  .severally  to  take  and  subscribe  an  oath, 
before  some  ofticer  authorized  to  take  atltidavits  to  be  read  in  courts 
of  record,  that  they  will  faithfully  and  impartially  discharge  the  dutv 
imposed  upon  them  b)-  said  order,  whiih  oath  shall  be  forthwith 
returned  and  tiled  i)\-  the  cit\-  clerk. 

if  8.  Assessment  roll  ;  how  made— The  said  assessors, 
having  taken  their  oath,  shall  proceed  to  make  an  assessment  accord- 
ing to  the  said  order,  and  shall  make  out  an  assessment  roll,  in  whicii 
shall  be  entered  the  names  of  the  persons  assessed,  so  far  as  thev  can 


4'2(»  Spkciai.    Laws  oi-    iiik 

ascertain  the  same,  the  \ahie  of  the  property  for  which  they  are 
assessed  and  the  amount  assessed  to  them  respectively,  with  a  brief 
description  of  the  lots  or  parcels  of  land  so  assessed.  A  designation 
of  the  lots  or  parcels  of  land  so  assessed,  by  any  description  sufficient 
to  distinguish  the  same,  shall  be  sufficient  in  making  said  assessment 
roll,  without  regard  to  the  names  of  the  owners  or  occupants. 

§   9.      Repealed.      (/,.   1S92.  C/i.  74,  §  5). 

rJ  10.  Objections  to  assessment  roll — Immediately  after 
such  assessment  shall  have  been  completed,  the  said  assessors  shall 
determine  the  time  and  place  where  they  shall  tirst  meet  to  hear  the 
allegations  and  objections  of  all  persons  interested  in  said  assess- 
ment, of  which,  at  least,  ten  days  previous  notice  shall  be  given  by 
publication  in  a  daily  newspaper  of  said  city. 

§    11.     Presentation   of   roll   to  common   council;    confir= 

mation — At  the  time  and  place  designated  in  such  notice,  the 
assessors,  or  a  majority  of  them,  shall  meet  and  hear  such  allegations 
and  objections,  and  the  assessment  books  shall  then  be  open  for 
examination  and  inspection  of  all  parties  interested.  The  assessors 
may  adjourn  from  time  to  time,  as  may  be  deemed  necessaiy,  and 
they  shall  amend  and  correct  such  assessment  as  they  may  deem 
proper.  When  completed,  the  assessment  roll  shall  l)e  certified  and 
sworn  to  by  said  assessors,  or  a  majority  of  them,  and  shall  be 
delivered  to  the  clerk  of  said  cit\-.  who  shall  rei^ort  the  same  to  the 
common  council  at  its  next  meeting.  Upon  such  return  being  made, 
filed,  and  so  reported,  the  conunon  council  shall  proceed  to  hear 
allegations  again.st,  or  appeals  from,  the  said  assessment,  and  may 
correct,  confirm,  set  aside,  or  refer  to  a  coimnittee  appointed  by  it.  or 
order  a  new  assessment  to  be  made.  If  the  same  shall  be  referred 
to  a  committee,  the  said  committee  may  proceed  to  hear  allegations 
or  objections  upon  \\\<t  days  notice  by  publication,  or  may,  without 
such  notice  of  hearing,  examine  and  report  to  the  common  council, 
who  shall,  thereupon,  proceed  to  correct,  confirm,  or  set  aside  said 
report,  or  order  a  new  assessment. 

i^  12.  Completion  of  assessment — Upon  confirmation  by  the 
common  council,  the  said  assessment  shall  be  final  and  conclusive. 
It   shall    be   sufficient,  in   said  assessment,  to  designate  the  owners  or 


Cirv  oi'   RocHHSiKK  4'J7 

occupants  of  the  lots  or  parcels  of  land  intended  to  be  assessed  either 
by  name  or  as  unknown,  or  to  describe  said  several  lots  and  parcels 
of  land  b\'  an\-  description  by  which  they  may  be  respectively  dis- 
tin!j;uished.  Said  assessment,  so  made,  shall  create  a  personal  obliga- 
tion or  liability  against  the  owner  of  the  lot  or  parcel  of  land  assessed 
to  pay  the  city  of  Rochester  the  amount  of  such  assessment,  for  the 
collection  of  which,  together  with  interest,  cost  and  expenses,  said 
city  mav  maintain,  in  its  own  name,  an  action  in  any  court  of  com- 
petent jurisdiction,  in  adflition  to  any  other  remedies  herein  pro\ided 
for  the  collection  thereof. 

4j  13.  Notice  by  city  treasurer  of  receipt  of  roll — When- 
ever the  assessment  is  continued  by  the  common  council,  the  assess- 
ment roll  shall  be  delivered  to  the  city  treasurer,  w^hose  duty  it  shall 
be  to  gi\e  five  days  public  notice,  by  ad\ertisement,  in  two  daily 
papers  printed  in  said  city,  of  the  receipt  of  such  roll,  requiring  the 
persons  assessed  or  the  bwners  or  occupants  of  the  lots  as.sessed,  to 
pay  the  assessment  to  him,  at  his  office,  the  lirst  installment  thereof 
within  thirtv  days  from  the  first  publication  of  said  notice,  and  the 
balance  thereof  in  installments  in  one.  two.  three  and  four  years 
respectiveh'. 

55  14.  Warrant  of  city  treasurer  for  collection  of  assess= 
ment — If  such  assessment,  or  any  installment  thereof  shall  not  be 
paid  when  the  same  becomes  due,  the  city  treasurer  shall  issue  a 
warrant  therefor  with  interest  thereon  at  the  rate  of  six  per  centum 
per  annum,  from  the  time  when  duv.  besides  collector's  fees. 

>;  15.  Warrant  of  collector;  report  of  unpaid  assess- 
ment— The  city  treasure]-  shall  issue  his  warrant  as  aforesaid,  to  a 
collector,  commanding  him  t<i  collect  the  amomil  unpaid  on  such 
assessment,  with  interest  and  fees,  as  aforesaid,  and  shall  amie.x  to 
such  warrant,  either  a  list  of  such  assessments  taken  from  the  as.sess- 
ment  roll,  or  the  roll  itself:  said  warrant  shall  be  under  his  hand,  and 
directed  to  any  person  whom  he  may  see  fit  to  appoint  a  collector  of 
the  assessment  specitied  in  such  warrant,  connnanding  such  person, 
as  such  collector,  to  collect  the  amount  ot  said  assessment,  or  the 
|-)ortion  then  due.  and  an  additional  amount  of  five  per  centum,  except 
that    in    no  case  is   the   amoimt    so   added  to  be  less  than  twentv-tive 


4'JS  SpKAi.M.   Laws  oi-   thk 

cents,  and  also  interest  thereon  at  the  rate  of  six  per  centum  i)er 
annum  from  the  date  at  which  said  assessment,  or  instaUment 
tiiereof,  became  due,  and  to  pay  the  same  to  the  city  treasurer,  and 
return  such  warrant  within  twenty  days  after  the  date  thereof. 
Every  collector  shall  hold  his  appointment  during  the  pleasure  of  the 
treasurer,  and  may,  at  any  time  be  suspended  or  removed,  and  the 
treasurer  and  his  sureties  shall  be  liable  for  any  collector,  and  for  all 
money  that  may  be  collected  or  received  by  him.  In  case  anv 
assessment  shall  have  become  entirely  due,  and  the  whole,  or  anv 
part  thereof,  remains  unpaid,  and  a  warrant  shall  have  been  issued 
therefor,  and  returned  unsatistied.  it  shall  be  the  duty  of  the  citv 
treasurer  to  report  the  same  to  the  city  as.sessors.  The  said  city 
assessors,  in  preparing  the  next  roll  for  general  city  taxes,  shall  insert 
therein  against  the  property  on  which  it  was  assessed,  the  amount  of 
such  unpaid  assessment,  with  interest  thereon,  at  the  rate  of  six  per 
centum  per  annum,  down  to  the  confirmation  of  said  roll,  and  on 
the  contirmatif)n  of  said  roll,  the  said  assessment  shall  liecome 
and  be  a  part  of  the  general  city  taxes  of  said  property.  When  such 
tax  is  collected,  the  treasurer  shall  credit  the  portion  thereof  which 
was  due  on  any  assessment  to  the  proper  fund. 

^    i6.      Validity     of    assessment;      lien     on     lands,    etc.; 

re=assessment — Every  tax  or  assessment  authorized  by  this  act 
which  has  been  as.sessed  upon  any  lands  or  tenements,  or  real  estate, 
or  upon  the  owners  or  occupants  thereof,  shall  be.  and  is  hereby 
declared  valid  and  effectual,  notwith.standing  any  irregularity,  omis- 
sion or  error  in  any  of  the  proceedings  relating  to  the  same,  and  shall 
be,  and  remain,  a  lien  on  such  lands,  tenements  or  real  estate,  on 
which,  or  in  respect  to  which,  the  same  have  been  made,  from  the 
time  of  the  confirmation  of  the  roll  containing  the  same,  and  until 
the  same  shall  be  actually  paid  or  satisfied.  In  case  any  assessment 
shall  remain  unpaid  on  accoimt  of  any  irregularity,  omission  or  error 
in  any  assessment  or  in  the  proceedings  relating  thereof,  or  in  case  of 
error  in  description  of  lands,  tenements  or  real  estate,  or  in  designa- 
tion of  owners  or  occupants,  the  common  council  may.  in  their 
discretion,  proceed  to  correct  such  irregularity,  omission  or  error, 
and  cause  the  amount  .so  impaid  to  be  re-assessed  on  the  property 
deemed  to  be  benefited  by  such  improvement  or  upon  the  owners  or 
occupants   thereof,    and   the   common   council   are   hereby  authorized 


C'l'lY    OF     ROCHKSTER  429 

and  em  powered  to  have  such  re-assessment  made  in  tlie  same  manner 
as  the  original  assessment  should  have  been  made  :  and  such  assess- 
ment shall  have  the  same  effect  as  if  the  assessment  had  originally 
been  proper!)  made. 

§    17.     Estimates   of   common    council    to    pay    bonds — In 

each  fifth  year,  after  the  year  in  which  the  first  assessment  herein 
authorized  is  made,  the  common  council  shall  estimate  and  declare 
the  amount  of  money  necessary  to  be  raised  to  meet  the  payment  of 
such  of  said  bonds  as  will  fall  due  in  the  ne.xt  succeeding  five  years,  and 
the  amount  of  money  necessary  to  be  raised  to  reimburse  the  contingent 
fund  for  moneys  expended,  or  to  be  expended,  for  interest  during  the 
same  period,  and  costs  and  expenses  of  discounting  notes  in  payment 
of  the  interest  on  any  and  all  bonds  issued  by  virtue  of  this  act,  and 
what  part  or  portion  of  the  city  which  they  deem  benefited  by  the 
construction  of  said  trunk  sewer,  and  which  they  deem  proper  should 
be  assessed  therefor,  which  part  or  portion  of  the  city,  however,  shall 
be  entirely  on  the  east  side  of  the  (lenesee  river  in  said  city,  and  shall 
direct  an  assessment  to  be  made  on  the  said  part  or  portion  of  the 
city;  and  the  said  conuiion  council  shall  make  similar  orders,  and  pass 
similar  resolutions,  and  similar  proceedings  shall  be  had  in  reference 
to  each  succeeding  assessment  as  was  had  in  the  first  assessment  and 
all  proceedings  herein,  and  reference  to  the  first  assessment,  shall  be 
equally  applicable  to  each  succeeding  assessment.  And  assessments, 
as  herein  pro\ided  for.  shall  be  continued  until  all  of  said  bonds  shall 
have  been  redeemed  and  paid  off,  and  until  the  said  contingent  fund 
shall  have  been  entirely  reimbursed  for  all  moneys  expended  from  it, 
for  pa\'ment  of  interest  on  the  bonds  authorized  b\'  this  act. 

^  i.S.  Appointment  of  commissioners;  bond;  compen- 
sation Within  ihirt}-  days  after  the  lui.ti  ]xissage  1)\-  tiie  conunon 
council,  and  approval  thereof  by  the  ma\<)r  of  said  city,  of  an  ordi- 
nance for  the  construction  of  said  sewer,  or  any  part  thereof,  the  said 
common  council  shall  appoint  three  conunissioners.  who  sliall  be 
residents  and  tax]3ayers  on  the  east  side  of  the  (lenesee  ri\er  in  said 
city,  to  act  with  the  members  of  the  executive  board  of  said  city  in 
all  matters  pertaining  to  said  trunk  sewer.  In  case  of  the  appoint- 
ment of  commissioners,  the  said  ccinunissioners  so  appointed,  and  each 
of  them,  shall,  within   five  days  after  being  notified  of  their  appfiinl- 


4;)ii  Shk(  lAi     Laws  oi     iHK 

incnt.  take  the  oath  of  otiice  required  to  l)e  taken  by  tlie  members  of 
the  said  executive  board :  they  shall  each  j^ive  a  bond,  in  such 
amount  and  with  such  sureties  as  the  mayor  of  the  city  may  approve, 
conditioned  for  the  faithful  performance  of  their  duties,  and  they  shall 
have  the  same  powers,  and  be  subject  to  the  same  duties  and  respon- 
sibilities, in  reference  to  all  matters  |)ertainini;  to  the  said  triuik  sewer, 
as  the  said  members  of  said  executive  board.  In  case  of  the  death, 
resii^nation  or  inability  to  act  of  any  of  said  commissioners,  the  com- 
mon couiu  il  shall  ha\e  power  to  till  the  \acanc}-.  'I'he  said  commis- 
sioners shall  receive  as  compensation  for  their  services  the  sum  of  five 
dollars  per  day  each,  for  each  day  actually  and  necessarily  spent  in 
performing  duties  pertaininj^  to  their  ofHce  as  such  commissioners 
but  such  compensation  shall  not  exceed,  in  the  aggregate,  the  sum  of 
one  thousand  dollars  per  year  to  each  of  said  commissioners.  Said 
commissioners  and  executi\e  board  shall  be  known  by  the  name  of 
"  the  east  side  trunk  sewer  commission,"  in  which  name  they  may  let 
all  contracts,  or  do  any  other  act.  in  reference  to  said  sewer,  which 
may  be  done  by  the  executive  board  in  regard  to  any  impro\ement. 
and  sue  for  and  collect  any  penalties,  claims  or  demands  under  any 
of  said  contracts,  or  concerning  said  east  side  sewer.  On  July  first, 
eighteen  hundred  and  ninet}-eight  said  commissioners  shall  hie  with 
the  clerk  of  the  executi\e  board  of  said  city  the  record  of  their  pro- 
ceedings together  with  their  books  of  account  and  all  contracts  and 
other  papers  relating  thereto  which  shall  be  kept  by  said  clerk  as  a 
part  of  the  records  of  said  cil\-  of  Rochester  ;  and  copies  of  the  same 
ce/tihed  by  said  clerk  shall  be  f^rima  facie  e\idence  thereof  in  all 
courts  and  places.  Tliex'  shall  turn  o\er  to  the  treasurer  of  the  city 
of  Rochester  all  check  and  bank  books  and  all  moneys  on  hand 
belonging  to  said  city,  and  said  treasurer  shall  keep  said  books  as  a 
part  of  the  records  of  his  otifice  and  shall  deposit  the  said  moneys  to 
the  credit  of  the  east  side  trunk  sewei"  hm(\.  and  thereafter  the  duties 
of  said  commissioners  under  said  act  shall  devohe  upon  and  be  dis- 
charged by  the  executi\e  board  of  said  cit\-.  or  its  successors  who 
shall  thereupon  become  vested  with  all  the  powers  of  said  commis- 
sioners under  said  act.     (As  (imc/h/id  /..  iiS9cS,  C/i.  585). 

ii    19.     Application  of  city  charter  in  certain  cases — Where 

provision  is  not  made  in  this  act  f(jr  any  part  of  the  making.  le\ying 
or  collection  of  the  assessments  directed  bv  this  act.  such  action  shall 


Cirv  ov   Ro(.;nK>ri.R  431 

be  had  and  taken  in  retciL-ncc  to  said  making'.  Icxyini:^  or  colleclion 
of  said  assessments  as  is  directed  to  be  had  and  taken  by  the  charter 
of  said  city  in  reference  to  the  assessments  for  local  improvements. 

«;    20.      When  in  effect-  This  act  shall  take  effect  inunediatelv. 


An  Ai  I  \i)  MIIIORIZK  ANIi  I'KOVIDK  lOK  IHK  CONSTRfCTION  OK 
A  SKWKK  IN  rHK  TKNIH.  FlFTEKxN'rH  AND  TWKNTIKTII  WARDS 
OK     IHK    CirV    OK    ROCHKSTKR,    AND    IN    THK    TOWN    OK    GArKS.   IN 

rnK  (ot'NTY  OF  Monroe.     (Z.  1892.  C//.  603). 

Section    1.     Appointment  of  commissioners  to   determine 

necessity  of  sewer  —  I' pen  the  presentation  of  a  petition,  duly 
\eritied  bv  five  or  more  freeholders  in  the  tenth,  fifteenth,  and 
twentieth  wards  of  the  citv  of  Rochester,  or  in  the  town  of  (iates,  in 
the  county  of  Monroe,  to  the  county  court  of  Monroe  county,  praying 
for  the  a])]Dointment  of  a  commission  to  ascertain  and  report  whether 
a  sewer,  upon  substantially  the  followinji;  route,  namely  :  be<;innin^  at 
the  intersection  of  the  buffalo  road  and  I'ield  street:  thence  runnin<; 
east  on  said  Huffalo  road  and  West  avenue  to  Kossuth  street:  thence 
north  to  Ma]:)Ie  street:  thence  to  Dee])  1  lollow  creek  ;  thence  throui^ii 
and  aloni;  Deep  Hollow  creek  to.  and  into  the  (Jenesee  river,  is 
necessary  for  the  protection  of  the  public  health,  the  said  county 
court  shall  appoint  a  commission  of  three  persons,  who  shall  be 
residents  and  freeholders  in  said  count}',  to  hear  and  determine 
whether  it  is  necessary  for  the  public  health  that  such  sewer  be  con- 
structed. 

if   2.     Oath    and    duty    of   such    commissioners      The    said 

conunissioners  shall,  before  the\  enter  upon  the  duties  of  their  otfice. 
make  and  lile  an  o.illi  with  the  clerk  of  said  countv.  that  they  will 
faithfully  discharge  the  duties  of  theii  office  according  to  the  best  of 
tluir  know  ledge  and  abilitx'.  A  majority  of  the  commissioners  present 
at  anv  ineeting,  of  which  .\11  \^^\■c  h.ul  notice,  mav  exercise  the  |)ower 
of  the  commission.  I'lie  s.iid  conunissioners  shall  proceed,  bv  per- 
sonal \  iew  of  the  land  and  otherwise,  to  determine  whether  it  is 
necessary  for  the  jjublic  health  that  such  sewer  shall  be  con.structed. 
They  shall    appoint    a    time    and    place  for  the  tirst  hearing  of   proofs 


4:)'_'  Spk(.iai.    Laws  ok  the 

and  taking  of  evidence,  touching  the  necessity  for  such  sewer,  and  of 
which  public  notice  shall  be  given,  for  at  least  ten  days,  in  two  of  the 
daily  news^^apers  published  in  the  city  of  Rochester.  Such  hearing 
may  be  adjourned  from  time  to  time  as  is  necessary,  and  at  any  of 
such  hearings  any  person  interested  may  appear  and  give  e\idence 
bearing  upon  the  question,  whether  said  sewer  is  necessar\-  for  the 
protection  of  the  public  health.  After  having  heard  the  proofs  and 
allegations  produced  before  them,  the  said  commissioners  shall  with 
all  convenient  speed,  tile  in  the  otfie  of  the  county  clerk  of  said  county 
their  determination,  signed  by  them,  or  by  a  majority  of  them,  if  thev 
do  not  all  concur,  as  to  the  necessity  of  such  sewer  for  the  protection 
of  the  public  health,  together  with  the  proofs,  or  evidence  taken  by 
them.  Notice  of  their  determination,  and  the  time  of  tiling  of  the 
same,  shall  be  published  in  at  least  two  of  the  daily  newspapers  of  the 
city  of  Rochester. 

S  3.  Appeals;  confirmation  of  report ;  discontinuation  of 
proceedings;  witnesses;  pay  of  commissioners — Anvbodv  feel- 
ing aggrieved  by  the  determination  of  the  commissioners,  that  said 
sewer  is  necessary  for  the  protection  of  the  public  health,  if  such 
shall  be  their  determination,  mav  appeal  from  such  determination  to 
the  county  court,  by  giving  written  notice  of  such  appeal  to  said 
commissioners  within  ten  days  after  such  determination  shall  have 
been  tiled  in  the  office  of  the  clerk  of  said  county,  and  notice  thereof 
published  as  aforesaid.  In  case  an  appeal  is  taken  from  such  deter- 
mination, the  said  court  shall,  upon  motion  of  any  part\ .  on  at  least 
ten  days  notice  gi\en  in  writing  to  the  party  appealing,  or  by  the 
party  appealing  to  said  commissioners,  proceed  to  hear  said  appeal 
upon  the  report  of  said  commissioners,  and  the  proofs  and  evidence 
hied  by  them.  If  no  appeal  is  taken  from  the  determination  of  said 
commissioners,  as  herein  pro\ided.  or  if  an  appeal  is  taken  and  the 
decision  of  said  connnissioners  is  sustained  by  said  court,  an  order 
shall  be  entered  in  said  court  confirming  said  report,  and  a  certified 
copy  thereof  attached  to  said  report,  which  shall  be  hied  and  pre- 
served as  a  judgment-roll  in  the  matter  of  such  proceeding.  If  the 
commissioners  shall  report  that  such  sewer  is  not  necessar\-  for  the 
public  health,  no  further  proceedings  shall  be  had  thereon.  The 
attendance  of  witnesses  in  such  proceeding,  before  such  commission- 
ers, may  be  compelled  as    in    civil    actions    in    the    county  court,  with 


Cnv  OK   RocHESTKR  4;}8 

like  fees.  The  coinniissioners  shall  be  entitled  lu  ti\e"  doHars  a  clay 
for  the  time  necessarily  spent  in  the  hearing  and  determination  of 
such  matter. 

;^  4.     Appointment      of     commissioners;      organization; 

bonds — If  said  commissioners  shall  report  that  such  sewer  is  nec- 
essary for  the  public  health,  and  such  report  shall  be  confirmed  by 
the  county  court  of  said  county,  said  court  sliall  thereupon,  upon  the 
application  of  the  city  attorney  of  the  city  of  Rochester  or  of  any 
other  person  alleged  to  have  an  interest  in  the  matter  of  said  sewer, 
appoint  three  persons  resident  witiiin  the  county  of  .Monroe,  residing 
in  the  city  of  Rochester,  or  in  the  town  of  Gates,  one  of  'whom  shall 
be  an  attorney-at-law.  as  commissioners  of  sewerage  under  this  act  : 
and  the  persons  so  appointed  are  authorized  and  empowered  to  lay 
out  and  construct  a  sewer  of  such  dimensions  and  of  such  materials, 
and  in  such  manner,  as  in  their  judgment  shall  be  proper,  between 
the  points  and  upon,  substantially,  the  route  above  specified,  .^aid 
commissioners  shall  be  known  as  commissioners  of  sewerage  for  the 
tenth,  fifteenth  and  twentieth  wards  in  the  city  of  Rochester,  and 
tlie  town  of  (Jates.  They  shall,  before  they  enter  upon  the  duties  of 
their  office,  make  and  file  an  oath  of  office,  with  the  county  clerk  of 
the  county  of  Monroe,  that  they  will  faithfully  discharge  the  duties  of 
their  office  to  the  best  of  their  knowledge  and  ability.  A  majority  of 
the  commissioners  |Mesent  al  any  meeting,  of  which  alt  shall  have 
notice,  may  exercise  the  powers  of  the  commission,  except  as  to  those 
matters  which  bv  the  provisions  of  sections  five,  six  and  .seven  hereof 
are  to  be  performed  bv  said  conunissioners  in  conjimclion  wilii  the 
two  other  commissioners  as  prox  ided  for  in  said  sections.  •  They  shall 
with  all  convenitnit  speed  after  (|ualif\ing  as  iierein  provided,  meet 
and  organize  bv  appointing  one  of  their  members  chairman,  one 
treasurer  and  one  secretarv  of  the  conunission.  Any  two  of  tiie  said 
offices  may  be  held  by  the  same  person.  I'he  treasurer  shall,  during 
the  continuance  of  said  conunission,  collect  and  be  the  custodian  of 
all  moneys  to  be  collected  or  recei\ed  by  the  commissioners  under 
tlie  provisions  of  this  act,  and  he  sliall  pay  out  the  moneys  .so  received 
onl\-  u|ion  the  orders  of  the  commissioners,  signed  by  at  lea>t  two 
of  their  number.  The  treasurer  shall  before  lie  proceeds  to  collect 
any  of  the  monevs.  give  a  bond  to  the  people  of  the  .state  of  New- 
York  in  such  an  amount  and  in  such  sureties  as  shall  be  approved  by 


4.'14  Si'i(  1  \i,    I ,  \\\  s  I  n     I  UK 

A  jii.slicc  of  llic  Miprciiit.'  tourt  in  llu-  scvcntli  jiulicial  (listrict.  or  hv 
the  coiinlv  judi^f  of  Monroe  count}',  conclitioncd  for  tlu'  faithful  pcr- 
formaiKf  of  the  duties  of  his  ofiice.  and  tile  the  same  in  said  clerk's 
oHke.  Anv  person  niav  ;<pply  to  any  justice  of  the  supreme  court  of 
said  district,  or  to  tlic  judj^^c  of  Monroe  count)  .  upon  an  aftidav  it 
showing  the  necessity  therefor,  for  an  order  reciuirinj^j  said  treasurer 
to  sh<nv  cause  why  an  additional  l)ond  should  not  be  filed,  and  upon 
the  service  of  such  order  on  said  treasurer  he  shall  not  collect  an\- 
more  monev  until  said  justice  or  jud<;e  shall  determine  upon  such 
application.  Said  jud^^e  or  justice  shall  have  the  ri<iht  to  require 
such  additional  bond  as  to  him  shall  seem  necessarw  Said  justice  or 
judj:;e  may  accept  a  bond,  guaranteed  by  some  duly  incor])orated 
i^uarantv  company,  as  a  compliance  with  this  statute.  Said  county 
judge  of  Monroe  countv  ma\ .  at  any  lime,  upon  the  application  of 
the  citv  attorney  of  said  city  or  any  person  interested  in  the  matter, 
remove  said  commissioners,  or  either  of  them,  or  any  of  their  suc- 
cessors, for  cause  siiown.  after  an  opportunitx'  shall  have  been  afforded 
to  the  commissioner  or  commissioners  sought  to  be  removed,  to 
answer  such  charges ;  and  may  also,  at  any  time  supply  any  vacancy 
in  such  commission,  occasioned  by  death,  resignation,  or  .otherwise  : 
except  that  any  vacancy  for  any  rea.son  in  the  otifice  of  the  two  com- 
missioners hereinafter  provided  for  and  to  be  appointed  by  the  town 
board  of  the  town  of  Ciales.  shall  be  tilled  b\-  appointment  by  said 
town  board.      {.-Is  iDiiriiifrii  /..   iSi):^,  C/i.  43>'^). 

i;  5.  Course  of  sewer;  survey  and  map;  civil  engi- 
neers—  .Said  conuuissioners  shall,  in  conjunction  with  two  addi- 
tional commissioners,  who  shall  be  appointed  b\'  the  town  board  of 
the  town  of  dates,  within  ten  days  after  the  pas.sage  of  this  act,  and 
who  shall  be  residents  of  the  county  of  Monroe,  and  who  shall,  before 
entering  upon  the  duties  of  their  office,  make  and  tile  the  above  pre- 
scribed oath  of  office  with  the  clerk  of  Monroe  county,  and  shall 
thereupon  be  vested  with  all  powers  prescribed  herein  and  in  said 
chapter  si,\  hundred  and  three  of  the  laws  of  eighteen  hundred  and 
ninetv-two.  equallv  with  the  other  commissioners  therein  provided  for, 
except  as  hereinafter  stated,  proceed  forthwith,  by  personal  view  of 
the  lands  and  otherwise,  to  determine  the  exact  course  of  said  sewer; 
and  the  lands  through  which  the  same  shall  be  constructed ;  and  the 
several  parcels  of  lands  to  be  benefited  thereby  :   and  they  shall  cause 


ClIV    OK     l\0(  MK>1K1<  4;>."» 

an  accurate  survey  of  all  such  laiuls.  and  a  map  ihereot  >hail  be 
made,  showing  the  course  and  extent  of  said  sewer,  as  determined  i)y 
ihcm  ;  and  showing  the  several  parcels  of  land  that  are  proposed  t() 
he  drained,  and  the  several  parcels  or  tracts  determined  by  them  U> 
be  benefited  by  such  drainage,  together  with  the  names  of  the  own- 
ers or  occupants  thereof,  so  far  as  the  same,  with  reasonable  diligence, 
can  be  ascertained  by  them  :  and  the  size  of  said  sewer  proposed  to 
be  constructed,  and  which  they  shall  determine  to  be  necessary  for 
the  drainage  and  sewerage  of  such  lands  :  and  they  are  hereby  author- 
ized and  empowered  to  employ  a  competent  civil  engineer  with  such 
assistants  as  shall  be  deemed  necessary  to  act  as  such  in  such  deter- 
mination, and  said  commissioners  and  said  civil  engineer  and  his 
assistants  arc  authorized  and  empowered  to  enter  upon  any  and  all 
of  the  lands  deemed  necessary  by  said  commissioners,  and  to  survey 
the  same  and  take  the  levels  thereof,  and  to  do  all  things  necessary 
for  the  construction  of  such  sewer,  as  they  shall  deem  necessary  for 
the  drainage  and  sewerage  of  the  land  so  surveyed  by  them,  {.is 
iiincndcJ  I..   1S95.  Cli.  4,><'^)- 


§  6.  Filing  of  maps  ;  acquiring  title  to  land--^  Ihe  said 
commissioners  siiall.  upon  the  compklion  of  said  survey,  and  before 
the  construction  of  said  sewer,  cause  said  map  to  be  certified  by 
them,  with  a  statement  written  thereon,  signed  by  them,  or  a  majority 
of  them,  that  they  !ia\e  determined  tliat  the  sewer  laid  out  upon  said 
map.  is  necessarv  to  drain  and  sewer  the  lands  specified  thereon,  and 
should  be  (onstruited  in  or  through  such  lands  as  necessary  tor  the 
public  health,  to  be  tiled  in  the  otlice  of  the  clerk  of  the  county  of 
Monroe  :  and  all  lands,  easenients.  right  of  wa\ .  in.  through  or  over 
the  same,  .u  (|uirecl  under  the  terms  of  this  act,  shall  be  deemed  and 
taken  for  public  use.  and  for  the  benefit  of  the  public  health  :  said 
map.  or  a  certified  copy  thereof,  may  be  used  in  evidence  in  any  suit 
or  proceeding  in  this  state.  lor  the  piupose  of  this  act  said  commis- 
sioners may  use  and  occupy  any  of  the  streets,  highways,  alleys,  or 
other  public  places  in  said  wards  or  town,  and  they  may  take  and 
appropriate  such  lands  .uul  such  real  estate  as  they  may  deem  proper 
for  such  purpose.  In  case  said  conunissioners  shall  be  unable  to 
agree  with  the  owner  or  owners  of  any  lands  or  real  estate  taken  by 
them    for   the    jnuposes   aforesaid,  or   any  right   or  easement   therein 


4:)<'i  Si'KiiAi.   Laws  oi     ihk 

up(>ii  ihc  compensation  or  dania^^f  to  he  paid  therefor,  they  may 
apply  to  the  supreme  court,  under  the  condemnation  law,  for  the 
acquirement  of  such  lands,  easements  or  rights  of  wav. 

§  7.  Costs  and  expenses;  assessment  roll  Said  c(;m- 
missioners  shall,  hefore  entering  upon  the  construction  of  said 
sewer,  ascertain  and  determine,  as  nearly  as  may  be,  the 
cost  and  expense  thereof,  including  damages  and  compensation 
to  be  made  for  lands  or  right  of  way  taken,  including  interest  at  six 
per  centum  per  annum  upon  all  installments  payable  after  thirty  days 
from  the  hling  of  the  assessment  roll,  hereinafter  referred  to,  which 
statement  shall  be  verified  by  said  commissioners  or  a  majority'  of 
them,  and  shall  apportion  the  costs  so  ascertained  upon  the  several 
tracts  or  parcels  of  land  included  in  said  map,  situate  and  being 
within  the  wards  of  the  city  of  Rochester,  or  the  town  of  Oates.  in  the 
count)'  of  Monroe,  and  the  owner  or  occupants  thereof,  if  ascertained, 
as  they  shall  deem  to  be  benefited  by  such  sewer  in  proportion  to  the 
amount  of  benefit  which  each  shall  be  deemed  by  said  commissioners 
to  recei\e  therefrom.  Such  apportionment  shall  be  in  the  usual  form 
of  an  assessment  roll  and  shall  specify  the  names  of  the  owners  or 
occupants  of  the  lots  or  parcels  of  land  intended  to  be  assessed,  if 
known,  or  shall  describe  said  lots  and  parcels  of  land  by  any  descrip- 
tion that  shall  fairly  distinguish  the  same,  without  reference  to  the 
owners  or  occupants,  which  said  assessment  roll  shall  be  signed  by  at 
least  four  of  said  commissioners  and  no  determination  of  the  several 
parcels  of  land  to  be  benefited  as  aforesaid,  and  no  apportionment  of 
the  cost  so  ascertained  upon  the  several  tracts  or  parcels  of  land 
included  in  said  map  or  on  said  assessment  roll  shall  be  valid  unless 
concurred  in  by  four  of  the  said  commissioners,  all  other  acts  herein- 
before and  except  as  hereinafter  provided  for  in  sections  five,  six  and 
.seven  may  be  done  by  said  commissioners  or  a  majority  of  said  five 
commissioners.  After  such  assessment  shall  have  been  completed, 
the  said  conimissioners  shall  meet  at  .some  place  designated  by  them 
in  the  city  of  Rochester,  to  hear  the  allegations  and  objections  of  all 
persons  interested  in  the  assessment,  of  which  at  least  ten  clays  pre- 
vious notice  shall  be  given  in  at  least  three  daily  newspapers  pub- 
lished in  said  cit}%  one  of  which  shall  be  a  Oerman  newspaper,  b\-  the 
publication  of  said  notice  in  each  issue  of  said  newspaper.  The  said 
commissioners  shall,  at  the  time   and   place   specified    in    said    notice, 


I 


C\\\  <»K   R()(HKSTER  4:J7 

and  for  a  period  of  thirty  days  from  such  time,  hear  the  allej^c^t'^"^ 
and  objections  of  such  persons  interested  in  said  lands  as  shall  appear 
before  them.  Said  assessment  roll  shall  there  be  open  to  the  examina- 
tion and  inspection  of  all  persons  interested,  between  the  hours  of 
nine  in  the  mornin<j  and  five  in  the  afternoon,  from  and  after  the  last 
publication  of  said  notice  until  the  last  day  for  hearing  allegations  in 
reference  thereto.  After  such  allegations  are  closed,  said  commis- 
sioners shall  proceed  to  review  said  assessment  and  are  hereby 
authorized  to  make  such  corrections  therein  as  they  mav  deem  proper 
and  may  decrease  or  increase  any  assessment  made  by  them  to  such 
an  amount  as  to  them  shall  seem  fair  and  equitable.  Ikit  no  correc- 
tion, increase  or  decrease  of  any  assessment  made  by  them  shall  be 
made  without  the  concurrence  of  four  of  said  commissioners.  And 
when  said  review  shall  be  completed  by  said  commissioners  the  same 
shall  be  verified  by  the  oath  of  at  least  four  of  said  commissioners  by 
whom  it  is  made  to  the  effect  that  the  same  is  in  all  respects  just  and 
true  to  the  best  of  their  judgment  and  belief.  When  such  assessment 
roll  shall  be  completed  the  same,  or  a  copy  thereof,  shall  be  filed  with 
the  clerk  of  Monroe  county,  whereupon  the  duties  and  powers  herein 
conferred  upon  the  two  commissioners  appointed  by  the  town  board 
of  the  town  of  (iates  shall  cease  unless  a  re-assessment  or  re-assess- 
Micnts  shall  be  rec|uired  to  be  made  as  provided  in  section  twelve  of 
said  chapter  six  hundred  and  three  of  the  laws  of  eighteen  hundred 
and  ninety-two,  or  for  any  reason  or  purpose,  whereupon  said  com- 
missioners so  appointed  by  the  town  board  of  the  town  of  (Jates  shall 
have  the  same  powers  upon  any  re-assessment  as  are  herein  given  for 
the  purpose  of  said  original  assessment,  l-'rom  the  time  of  tiling,  ^ai{l 
assessment  roll  shall  be  and  remain  a  lien  and  charge  upon  the  lands 
against  which  it  is  made,  until  fully  paid  or  otherwise  discharged,  and 
shall  also  create  a  personal  obligation  or  liability  against  the  person 
assessed  and  who  is  the  owner  of  any  lot.  to  pay  said  commissioners 
the  amount  of  such  as.sessment.  for  the  collection  of  which,  together 
with  the  interest,  cost  and  expenses,  said  couunissioners  may  maintain 
in  their  name  as  commissioners  an  action  in  a  court  of  competent 
jurisdiction  in  addition  to  any  other  remetlies  herein  provided  for  the 
collection  thereof.  Notice  of  the  filing  of  such  completed  assessment 
roll  and  of  the  place  where  the  assessments  levied  therein  are  payable 
shall  be  published  at  least  five  times  in  three  of  the  dailv  newspapers 
of  the  city  of  Rochester,  one  of  which  shall  be   a  (lerman   newspaper. 


438  Si'ECiAl.   Laws  oi     iiik 

imnicdiately  after  the  liliiii;-  of  sucli  roll.  Such  asscssiiicnl  shall  he 
made  payable  as  follows,  naniel)  :  (  )ne-tifth  in  thirty  days  after  the 
completion  of  the  notice  of  the  tiliiiL,'  of  said  assessment  roll,  and  the 
balance  in  eight  annual  installments  thereafter,  including  the  interest 
thereon.  Any  person  who  is  assessed  as  hereinbefore  provided  may 
prepay  the  whole  or  any  part  of  his  assessment,  and  upon  such  pre- 
payment shall  be  entitled  to  a  rebate  or  discount  on  the  amount  so 
prepaid  at  the  rate  of  six  per  centum  per  annum  for  the  period  between 
the  date  of  payment  and  the  date  when  such  payment  would  become 
ilue.  At  the  expiration  of  the  said  thirty  days  from  the  completion 
of  the  notice  of  the  time  of  tiling  such  assessment  roll  said  commis- 
sioners may  issue  their  warrant  for  the  collection  of  any  installment  of 
such  assessment  then  remaining  unpaid  and  due,  together  with  inter- 
est thereon  at  the  rate  of  six  per  centum  ])er  annum,  togethei  with 
five  per  centum  as  fees  for  the  collection  of  the  same,  which  warrant 
may  be  issued  to  any  collector  or  collectors  appointed  by  said  com- 
missioners to  collect  such  assessment,  and  shall  be  returned  in  not 
less  than  thirty  days  from  the  date  of  issue  of  the  same  :  such  col- 
lector or  collectors  shall  proceed  to  collect  such  assessments  in  the 
manner  provided  by  law  for  the  collection  of  taxes  in  the  city  of  Roch- 
ester, and  shall,  upon  the  return  day  of  said  warrant,  return  the  same 
to  such  commissioners,  with  their  i^roceedings  iheieon.  I'pon  the 
filing  of  said  completed  assessment  roll  the  as.sessmenl  roll  heretofore 
made  by  the  commissioners.  Horace  (i.  Pierce.  Frank  S.  Ipton  and 
(jreorge  H.  Swikehard.  pursuant  to  chapter  six  hundred  and  three  of 
the  laws  of  eighteen  hundred  and  ninety-two.  and  tiled  in  Monroe 
county  clerk's  office  on  the  thirty-first  dav  of  July,  eighteen  hundred 
and  ninety-three,  shall  be  and  the  same  is  hereby  vacated  and  can- 
celed, and  the  lien  of  the  same  upon  any  parcels  of  land  in  the  town 
of  Gates  or  in  the  city  of  Rochester  is  herein  discharged,  excei)t  that 
nothing  herein  contained  shall  impair  in  any  manner  the  rights  of  any 
holder  of  certificates  or  evidence  of  indebtedness  heretofore  issued  by 
said  commissioners  pursuant  to  said  act.  Hut  any  such  certificate  .so 
issued  shall  be  paid  out  of  the  funds  raised  b}-  the  assessment  herein- 
before provided  for,  and  shall  be  treated  and  have  the  same  force  and 
effect  as  any  certificates  hereafter  issued  by  said  commissioners.  Any 
payments  heretofore  made,  or  that  hereafter  may  be  made,  on  such 
former  assessment  roll  shall  be  credited  upon  the  assessment  above 
directed  to  be  made,  with  interest  from  the  time  of  any  such  payment ; 


ClTN     OK     ROCHKSTKR  439 


if  the  re-assessment  shall  be  less  than  the  amount  ]Daicl.  the  excess 
shall  be  applied  on  future  installments,  if  such  there  be;  if  there  are 
none,  then  the  same  shall  be  returned  to  the  payor  or  to  any  person 
who    has     succeeded     to    his    rights.      (As    amended   I..     i.Sqs.    C/i. 

Note — L.  1S93,  Ch.  36S,  provided  as  follows:  ••All  persons  assessed  for 
the  construction  of  a  sewer  in  the  tenth,  fifteenth  and  twentieth  wards  in  the  city 
of  Rochester,  and  town  of  Gates,  in  Monroe  county,  in  pursuance  of  section 
seven,  chapter  six  hundred  and  three  of  the  laws  of  eighteen  hundred 
and  ninety-two,  entitled,  "An  act  to  authorize  and  provide  for  the  con 
struction  of  a  sewer  in  the  tenth,  fifteenth  and  twentieth  wards  in  the 
city  of  Rochester  and  in  the  town  of  Gates,  in  the  county  of  Monroe,"  shall 
be  entitled  to  a  credit  upon  the  second  and  third  installments  of  the  assess- 
ment provided  for  in  said  section  seven  of  said  act  as  follows  :  Upon  one-half  of 
said  second  and  third  installments  respectively  of  two  years,  so  that  the  said 
assessment  at  the  option  of  the  taxpayers  shall  be  payable  in  four  equal  parts 
extending  through  one,  two,  three  and  four  years  from  the  time  of  filing  said 
assessment  roll  and  notice,  as  provided  in  said  section;  provided,  however,  that 
interest  upon  such  deferred  payments  at  the  rate  of  six  per  centum  per  annum 
shall  be  chargeable  upon  such  payments  for  the  time  of  such  extended  credit,  and 
all  the  provisions  of  said  section  seven  as  to  the  collection  of  said  assessment 
shall  be  applicable  for  the  payments  for  which  credit  is  given.  Nothing  herein 
contained  shall  prevent  any  person  assessed  from  availing  himself  of  the  rebate 
or  discount,  provided  for  in  said  sectij)n  by  paying  up  the  whole  amount  of  said 
assessment  at  th<-  time  provided  for  in  said  section." 

Injustice  in  method  of  assessment  for  sewer  is  not  subject  to  col- 
laleral  attack  by  action.  .\11  the  acts  itlating  to  tiie  west  side  trunk  sewer 
collated  and  discus.sed — McKee  Land  (O.  \s.  Williams,  etc..  ^13  App.  Div.  553: 
affirmed  without  o])inion.  173  N.  \'.  630. 

§  8.  Sale  of  lands  for  unpaid  assessments — In  case  in\ 
assessment  is  returned  by  said  collector  or  collectors,  as  uncollected, 
the  said  commissioners  shall  proceed  to  make  a  proper  description  of 
the  land  on  which  such  luipaid  assessments  are  laid,  and  cause  a 
notice  of  such  assessments  and  description  of  the  several  parcels  of 
land  upon  which  the  same  are  laid,  to  be  published  twice  a  week  for 
six  successive  weeks,  in  two  or  more  of  the  daily  newspapers  pub- 
lished in  said  city  of  Rochester,  together  with  a  notice  that  if  the 
said  assessments,  the  interest  and  fees  thereon,  are  not  paid,  with  the 
expense  of  advertising,  on  or  before  a  day  to  be  named  therein,  which 
shall  not  be  less  than  six  weeks  from  the  first  publication  thereof,  the 
lands  so  described  will  be  sold  at  public  auction  on  the  dav  and  hour 
and  at  the  place  named  in  said  notice,  to  the  person  or  persons  who  will 


440  Si'KciAi.   Laws  of    thk 


take  them  for  the  shortest  period  of  time  and  pay  the  assessment  and 
expense  incurred  thereon,  respectively,  with  interest.  On  the  day 
designated,  or  such  other  day  to  which  the  said  sale  may  be  ad- 
journed, the  said  premises  shall  be  so  sold,  and  the  said  commissioners 
on  receiving  the  amount  of  said  assessment,  fees,  interest  and  expense, 
shall  give  to  the  purchaser  or  purchasers  thereof,  a  certificate  of  such 
sale,  duly  acknowledged,  which  certificate  shall  be  presumptive  evi- 
dence of  all  the  facts  stated  therein,  and  may  be  recorded  in  the  clerk's 
office  of  Monroe  county  as  the  evidence  of  mortgaged  sales  is  author- 
ized to  be  recorded.  If  at  such  sale,  no  bid  to  the  amount  of  the 
assessment  thereon  and  expense  of  sale  shall  be  made  for  any  such 
parcel  of  land,  the  same  shall  be  struck  ofT  to  said  commissioners  as 
such,  and  they  shall  make  a  memorandum  of  the  fact  that  the  land 
was  so  struck  off,  in  a  book  to  be  kept  by  them  for  that  purpose,  and 
whenever  any  such  lands  have  been  struck  off  to  such  commissioners, 
they  shall  as  such  commissioners,  acquire  a  title  to  such  lands  in  fee, 
clear  of  claim  or  demand  from  any  owner  thereof,  or  any  person  hav- 
ing any  lien  thereon,  or  interest  therein,  except  the  county  of  Monroe 
and  the  city  of  Rochester,  for  any  unpaid  tax  or  assessment,  unless 
the  same  shall  be  redeemed  as  hereinafter  provided. 

§  9.  Redemption  of  lands — The  owner,  mortgagee,  occupant, 
or  any  other  person  interested  in  and  entitled  to  redeem  lands  sold 
on  execution,  may  at  any  time  within  one  year  from  the  date  of  such 
sale,  redeem  the  land  so  sold,  as  provided  for  in  this  act,  by  paying 
to  the  purchaser  at  such  sale,  or  to  the  treasurer  of  said  commission, 
for  his  or  their  use,  the  said  purchase  money  with  ten  per  centum  in 
addition  thereto ;  and  a  certificate  of  said  treasurer  stating  the  pay- 
ment and  showing  what  land  the  payment  is  intended  to  redeem,  shall 
be  evidence  of  such  redemption,  and  maybe  filed  in  the  county  clerk's 
office  of  Monroe  county.  The  same  proceedings  may  be  had  upon 
the  coming  due  of  any  installment  of  said  assessment,  after  the  first, 
as  herein  provided  for,  in  case  of  such  first  installment. 

§   10.     Contracts    for    construction;    security;     bonds    to 

secure  laborers'  wages — Said  sewer  shall  be  constructed  by  con- 
tract, and  said  commissioners  are  hereby  authorized  and  empowered 
to  make  all  necessary  contracts  therefor,  and  a  contract  for  the  con- 
struction of  the  same  in  such  sections  or  parts  as  they  shall  determine. 


City  of   Rociikstkr  441 

All  contracts  where  the  price  or  amount  shall  exceed  one  hundred 
dollars  shall  be  made  only  after  advertising  for  and  receiving  pro- 
posals as  hereinafter  specified.  Such  advertisement  shall  be  published 
for  ten  days  in  at  least  two  daily  newspapers  published  in  the  cit}'  of 
Rochester.  Said  commissioners  shall  have  the  power  to  reject  all 
bids  or  proposals,  if,  in  their  judgment,  it  is  e.xpedient  so  to  do,  and 
may  further  advertise  for  proposals  as  often  as  they  shall  deem  neces- 
sary. They  shall  require  any  and  all  persons  with  whom  they  con- 
tract, as  aforesaid,  for  the  construction  of  said  sewer,  or  any  part 
thereof,  to  give  sufficient  .security,  to  be  approved  by  said  commis- 
sioners in  double  the  amount  of  the  contract  price,  conditioned  for 
the  faithful  performance  of  the  said  contract,  and  with  the  further 
condition  that  the  said  contractor  will  pay  all  damages  and  expenses 
incurred  by  any  person,  association  or  corporation,  by  reason  of  the 
default,  or  wrongful  or  negligent  act  of  said  contractor,  his  agents  or 
servants,  in  or  about  the  execution  of  his  contract ;  and  promptly 
restore  to  its  former  condition  the  surface  of  any  highway,  street  or 
other  place  necessarily  excavated  or  obstructed  in  the  execution  of 
his  contract ;  and  pay  or  cause  to  be  paid  the  wages  and  compensa- 
tion of  all  laborers  who  shall  be  employed  in  working  on  or  about  the 
improvements  mentioned  in  said  contract.  Actions  on  such  bond  or 
undertaking  may  be  brought  by  or  in  the  name  of  a  laborer  or  labor- 
ers claiming  to  be  secured  thereby,  or  his  or  their  assignee;  and 
separate  actions  may  be  brought  by  each  and  any  number  of  such 
laborers  or  their  assignees.  No  action  or  proceedings,  however,  shall 
be  commenced  upon  such  bond  or  undertaking  after  six  months  from 
the  date  when  the  cause  of  action  accrued. 

§  II.  Certificates  of  indebtedness — Such  commissioners 
are  hereby  authorized  and  empowered  to  issue,  as  such  com- 
missioners, certificates  or  evidence  of  indebtedness  bearing  in- 
terest at  the  rate  of  six  per  centum  per  annum,  in  payment 
of  any  lands,  easements,  rights  of  way.  work,  material  or  other 
expenses  which  shall  have  been  or  are  to  be  incurred  in  or 
about  the  construction  of  said  sewer,  which  certificates  or  evidence  of 
indebtedness  shall  be  receivable  in  payment  of  such  assessments  at 
their  face  value,  with  accrued  interest.  The  common  council  of  the 
city  of  Rochester  is  hereby  authorized  and  empowered  to  guarantee 
or  secure  the  payment  of  such  certificates  in  such   manner  as   it  shall 


442  Spkciai,  Laws  ok    ihe 

deem  best,  to  the  amount  of  one  hundred  and  fifty  thousand  dollars, 
or  the  said  common  council  may  issue  the  bonds  of  said  city  at  a  rate 
of  interest  not  to  exceed  four  per  centum,  to  the  amount  above  speci- 
fied, payable  at  such  time  as  the  said  common  council  shall  determine, 
and  which  .shall  be  sold  in  the  manner  to  be  determined  upon  by  said 
common  council  as  most  advantageous  to  the  interest  of  said  city  of 
Rochester,  and  the  proceeds  of  said  bonds  shall  be  invested  in  the 
certificates  issued  by  said  commissioners  and  expended  in  the  con- 
struction of  said  sewer  and  the  expenses  attendant  thereon,  entirely 
within  the  limits  of  said  city  of  Rochester.  And  the  board  of  super- 
visors of  the  county  of  Monroe  is  hereby  authorized  and  empowered 
to  issue  its  bonds,  or  guarantee  or  secure  in  such  manner  as  it  shall 
deem  best,  the  payments  of  the  certificates  issued  by  said  commis- 
sioners, to  the  amount  of  seventy-five  thousand  dollars  ;  or  the  said 
board  of  supervisors  may  issue  and  dispose  of  the  bonds  of  said 
county  in  the  manner  as  above  provided  for  the  issuing  of  bonds  by 
the  said  city  of  Rochester,  but  the  avails  of  said  bonds  shall  be  u.sed 
in  the  construction  of  said  sewer  entirely  in  said  town  of  dates.  {As 
amended  f..    1895,  C//.  438). 

>5  12.  Assessment  for  deficiencies  In  case  the  said  com- 
missioners shall  at  any  time  determine  that  the  amount  levied  and 
collected  by  the  assessment  hereinbefore  provided  for,  is  insufficient 
to  defray  the  expense  of  completing  said  sewer;  and  said  commission- 
ers record  in  their  proceedings  a  resolution  to  that  effect,  specifying 
the  amount,  in  their  opinion,  of  such  deficiciency,  the  said  commis- 
sioners are  authorized  to  levy  a  further  assessment  or  assessments 
from  time  to  time,  as  shall  be  necessary  to  defray  such  expenses,  the 
proceedings  in  reference  to  which  shall  hi'  in  all  respects,  as  far  as 
practicable,  the  same  as  hereinbefore  pros  ided  for  in  the  first  or 
original  assessment. 

>?    13.      Certificate    of     indebtedness     in    anticipation    of 

assessments — In  case  such  commissioners  shall  deem  it  neces.sary 
to  raise  funds  for  the  construction  of  said  sewer,  before  the  asses.s- 
ment  hereinbefore  provided  for  can  be  made  and  collected,  the  said 
commissioners  are  hereby  empowered  from  time  to  time  to  borrow  so 
much  money  as,  in  their  opinion,  may  be  necessary  therefor,  and  to 
issue  evidence  of  indebtedness  in  such  sums    and    form    as   they  may 


ClTV    OK     ROCHHSIKR  44;5 


deem  proper,  bearin<^  interest  at  the  rate  of  six  per  centum  per 
annum,  payable  semi-annually  the  principal  thereof  payable  in  not 
more  than  ten  years.  Such  certificates  of  indebtedness  shall  be 
negotiable  l^y  deliver^-,  and  shall  be  receivable  in  payment  of  any 
assessment  levied  by  such  commissioners  :  and  the  interest  thereon 
shall  be  assessed  as  a  part  of  the  expense  in  the  construction  of  said 
sewer. 

?j  14.  Records — Said  commissioners  shall  keep  a  record  of  their 
proceedings  in  a  book  or  books  to  be  provided  for  that  purpose, and  shall 
also  keep  an  account  in  proper  account  books  of  all  moneys  collected 
or  disbursed  by  them.  They  shall,  annually,  on  or  before  the  fifteenth 
day  of  January  in  each  year,  file  with  the  Monroe  count)'  court  a  full 
and  complete  statement  of  all  their  financial  transactions  and  the  dis- 
positions of  all  moneys  received  by  them  under  and  by  virtue  of  said 
chapter  six  hundred  and  three  of  the  laws  of  eighteen  hundred  and 
ninet}-two,  or  of  this  act.  which  reports  shall  be  verified  by  the  oath 
of  said  commissioners  and  shall  be  duly  examined  and  audited  by 
said  Monroe  county  court.      (.-/.»  iimeiuicii  /..  1895.  ^^'-  43^)- 

*j  15.  Personal  liability  Neither  of  the  commissioners  men- 
tioned in  this  act  shall  be  liable  personally  upon  any  contract  made 
or  certificate  of  indebtedness  issued  bv  him  or  them,  as  such  com- 
missioner or  commissioners,  nor  for  any  act  done  h\  him  or  them 
untler  the  provisions  of  this  act  unless  such  act  shall  be  a  willful 
and     intentional    wrong     on     his      part.        (.-Is    ijniniiiiil     /.     i.S()5. 

a>.  438)- 

<;    \U.     Compensation     of    coninii.-^.'^ioners  The    coinmis- 

sioners  appointed  by  and  under  chapter  six  hundred  and  three 
of  the  laws  of  eighteen  hundred  and  ninety-two.  or  by  and 
under  this  act  shall  for  each  day  actually  and  necessarily  spent 
by  them  in  performance  of  their  duties  as  such  commissioners 
receive  the  following  compensation  :  The  commissioner,  who  is  a 
lawyer,  appointed  under  said  chapter  six  hundred  and  three,  ten  dol- 
lars, and  each  of  the  other  commissioners  five  dollars;  and  in  no  ca.se 
shall  the  annual  compensation  of  any  commissioner  exceed  for  the 
commissioner  who  is  a  lawyer  two  thousand  four  hundred  dollars,  and 
the  commissioners  who  are  not  one  thousand  two  hundred  dollars 
each.      .\o  commissioner  shall   be  directiv  or  indirectlv  interested   in 


444  Spkciai,   Laws  oi'    ihk 

any  contract  with  reference  to  the  construction  of  said  sewer,  as  prin- 
cipal, surety  or  otherwise,  except  as  such  commissioner.  [As  amended 
L.  1895,  Ch.   438). 

;?  17.  Correction  of  irregularities — In  case  any  assessment 
shall  remain  unpaid  on  account  of  any  irregularity,  omission  or  error 
in  any  of  the  proceedings  relating  thereto,  or  in  case  of  error  in  the 
description  of  the  lands,  or  the  designation  of  the  owner  or  occupants, 
said  commissioners  shall  proceed  to  conect  such  irregularity,  omission 
or  error  in  such  assessment  roll  when  discovered;  and  such  correction 
shall  have  the  same  effect  as  if  the  assessment  had  originally  been 
properly  made. 

§   18.   Pay    of    commissioners    to    determine    necessity  of 

sewer — The  commissioners  in  this  act  first  provided  for.  shall  be 
entitled  to  receive  five  dollars  per  day  for  each  day  spent  in  the  dis- 
charge of  their  duties,  which  shall  be  paid  by  the  party  taking  up 
their  report,  and  if  their  report  is  that  such  sewer  is  necessary  for  the 
public  health  their  fees  and  the  expenses  of  the  witnesses  attending 
before  them  shall  be  reported  by  them  to  the  commissioners  secondly 
provided  for  herein,  and  shall  be  levied  and  collected  as  a  part  of  the 
expense  of  constructing  the  sewer  herein  provided  for. 

§  \i).  Provision  for  payment  of  commissioners  of  sewer- 
age and  engineers — The  compensation  of  the  commissioners  herein 
secondly  prcnided  for;  of  the  engineers  and  their  assistants  employed 
to  make  the  surveys  and  maps  ;  all  expenses  for  necessary  clerical 
force  and  stationary,*  for  advertising,  and  all  other  expenses  neces- 
sarily incurred  in  carrying  into  effect  the  provisions  of  this  act,  shall 
be  deemed  a  part  of  the  expense  for  the  construction  of  said  sewer, 
and  shall  be  collected  by  assessments,  as  hereinbefore  provided. 

§  20.  Record  to  be  filed;  duties  of  treasurer — Upon 
the  completion  of  said  .sewer  llic  .said  commissioners  shall  file 
with  the  treasurer  of  the  city  of  Rochester  the  record  of  their 
proceedings  together  with  their  books  of  account  and  all  con- 
tracts and  papers  relating  thereto,  and  copies  of  the  same  certified  by 
said   treasurer   under  his  hand   and  official  .seal  shall  be  prirna  facie 

*  So  in  the  originul. 


CiTV    OK    RoCUKSlKk  445 


evidence  thereof  in  all  courts  and  places.  I'hey  also  shall  turn  over 
to  said  treasurer  the  moneys  on  hand,  the  assessment  roll  and  all 
uncollected  assessments  and  papers  connected  therewith,  and  he  shall 
from  and  after  that  time  discharge  all  duties  and  possess  all  powers 
imposed  upon  or  vested  in  the  treasurer  of  said  commission  by  virtue 
of  the  provisions  of  this  act  and  of  chapter  six  hundred  and  three  of 
the  laws  of  eighteen  hundred  and  ninety-two.  All  the  powers  vested 
in  said  commissioners  with  reference  to  the  issuing  of  warrants  for  the 
collection  of  assessments  and  the  collection  of  the  same  and  the 
sale  of  lands  in  default  of  payment  thereof  shall  be  vested  in  said 
treasurer.  He  shall  give  a  bond  in  the  penalty  fixed  by  the  common 
council  of  the  city  of  Rochester,  and  in  the  form  and  with  sureties  to 
be  approved  by  it,  for  the  faithful  performance  of  his  duties  herein 
and  shall  have  power  to  employ  a  competent  person  to  keep  books 
and  make  the  collections  necessary  and  shall  receive  therefor  out  of 
said  sewer  funds  a  sum  to  be  fixed  by  said  common  council,  not  to 
exceed  fifteen  hundred  dollars  annually  for  his  said  service  and  the 
clerk  hire  not,  however,  to  extend  beyond  six  months  after  the  last 
installment  of  said  assessment  shall  become  due,  and  any  collector's 
fees  that  shall  be  paid  into  said  treasurer  shall  be  credited  to  and 
placed  in  the  general  fund  for  the  building  of  said  sewer  and  the 
expense  attending  thereon  ;  and  when  said  assessment  shall  be  paid 
and  all  outstanding  legal  obligations  incurred  under  this  act  and  said 
chapter  six  hundred  and  three  of  the  laws  of  eighteen  hundred  and 
ninety-two,  shall  have  been  paid,  said  treasurer  shall  return,  on 
demand,  to  each  of  the  persons,  their  representatives  or  assigns  who 
shall  ha\e  paid  said  assessments  in  full  anv  surplus  he  shall  have  in 
his  hands,  in  proportion  to  the  amounts  each  such  person  shall  have 
paid  on  said  assessment.  lie  shall  thereupon  tile  with  the  countv 
clerk  of  Monroe  county  the  assessment  roll,  the  books  of  account  and 
the  records  pertaining  to  said  sewer,  and  sixty  days  after  said  .sewer 
shall  have  been  completed  or  the  tinal  estimate  for  the  work  performed 
by  the  contractors  shall  have  been  made  and  approved  by  said  com- 
missioners,   their   duties   and    powers   shall    cease.     (.•/.<•   iiniciuieii  /.. 

See  note  iiiuler  §   v  llii>  '"'I'k.  ]i.  450. 

>!   J  I.     Control  of  sewer  after  completion  ;    lateral  sewers 
and   drainavce      The   sewer    provided    for    In  tiiis  act.  after  its  com- 


446  Si'Kt  lAi.   Laws  ok    the 

pletion  shall,  as  to  the  portion  thereof  within  the  limits  of  the  city  of 
Rochester,  be  under  the  charge  of  the  executive  board  of  said  cit}',  or 
its  successor,  and  the  portion  in  the  town  aforesaid,  shall  be  under 
the  charge  of  the  supervisor  and  commissioner  of  highways  thereof ; 
and  it  shall  be  lawful  for  such  executive  board,  or  said  supervisor  and 
commissioner  to  autliorize  the  introduction  into  said  sewer  of  lateral 
sewers  and  drains,  for  the  purpose  of  draining  any  part  of  said  city 
or  town.  While  the  work  of  constructing  said  sewer  is  in  progress, 
the  said  commissioners  may  allow  lateral  sewers  or  drains  to  be  con- 
structed therewith,  upon  such  terms  and  subject  to  such  regulations 
as  they  shall  pro\idc. 

?;  2  2.  Repeal — Chapter  one  hundred  and  fourteen  of  the  laws 
eighteen  hundred  and  ninet)'-one,  entitled,  "  An  Act  to  authorize  and 
provide  for  the  construction  of  a  sewer,  drain  and  ditch  in  the  ninth 
and  fifteenth  wards  of  the  city  of  Rochester,  and  in  the  towns  of 
(iates  and  Chili,  in  the  county  of  Monroe,"  is  hereby  repealed. 

§    23.      When  in  effect — This  act  shall  take  effect  imniediatel}-. 

§  24.  Acts  ratified  All  the  acts  of  the  commissioners  of 
sewerage  appointed  under  chapter  six  hundred  and  three  of  the  laws 
of  eighteen  hundred  and  ninety-two,  except  as  the  same  are  hereby 
vacated  or  modified  or  authorized  to  be  vacated  or  modified,  are 
hereby  ratified    and   confirmed.      {Addcti  L.  1895,  Ch.  438). 

^   25.     Further  action    limited — No    further    action    of    any 

kind  shall  be  taken  by  the  commissioners,  Horage  (i.  Pierce, 
Frank  S.  I'pton  and  George  B.  Swikehard,  or  their  successors 
in  office  under  chapter  six  hundred  and  three  of  the  laws  of 
eighteen  hundred  and  ninety-two,  except  to  obtain  any  rights 
of  way  required  and  to  issue  further  certificates  or  evidence 
of  indebtedness  not  to  exceed  sixty-five  thousand  dollars,  according 
to  the  provisions  of  the  act  hereby  amended  or  of  this  act,  or  to  make 
such  modifications  of  the  contract  for  the  building  of  said  sewer  by 
supplement  or  otherwise  as  may  be  necessary'  to  comply  with  this  act 
or  any  supplemental  act,  until  the  assessment  roll  herein  shall  be 
made  and  filed  as  hereinbefore  required  and  provided  for.  {Added 
L.  1895.  Ch.  438). 


City  oi"   Roihestkr  .     44" 


An  Act  to  authorize  and  i'kovidk  for  thk  kxtknsion  ok  tjik 
main  sewer  provided  for  in  chapter  six  hundred  and 
three,  of  the  laws  of  eighteen  hundred  and  ninety- 
two,  and  the  construction  of  laterals  to    connect  with 

SAID     SEWER      IN     THE     TOWN      OF     GaTES,     IN      THK     COUNTY     OF 

Monroe.       (Z.    1893,   Ch.  55;     repealed    I..    1895.    Ch.     744, 
printed  ill  full  behno). 


An   Act  to   kkpkai.  ciiaitkr  1  iKTY-FivE  of    ihk  laws  of  ekwiteen 

HUNDRED  ANT)  NINETY-THREE,  ENTITLED,  '*  x\N  ACT  TO  AUTH- 
ORIZE AND  PROVIDE  FOR  THE  EXTENSION  OF  THE  MAIN  SEWER 
PROVIDED  FOR  IN  CHAPTER  SIX  HUNDRED  AND  THREE  OF  THE 
LAWS  OF  KKIHTEEN  HUNDRED  AND  NINF:TY-TW0,  AND  THE  CON- 
STRUCTION OF  LATERALS  TO  CONNECT  WITH  SAID  MAIN  SEWER 
IN  THK  TOWN  OF  GaTES,  IN  THE  COUNTY  OF  MONROE."  AND 
K)  AUiHOKlZK  THE  COMMISSIONERS  OF  SEWERAGE,  UNDER  CHAP- 
lER  SIX  HUNDRED  AND  THREE  OF  THE  LAWS  OF  EIGHTEEN 
HUNDRED  AND  NINETY-TWO,  TO  EXTEND  OR  CHANGE  THK 
SOUTHERN  TERMINUS  OF  SAID  SKWKR.  AND  TO  CHANCE  ITS 
ROUTE.       (/,.    1895.    Ch.   744). 

Section  i.  Law  repealed  Chapter  tifty-tive  of  the  laws  of 
eighteen  hundred  and  ninely-lhrec.  entitled  ••  An  act  to  authorize  and 
provide  for  the  extension  of  the  main  sewer  provided  for  in  chapter 
six  hundred  and  three  of  the  laws  of  eighteen  hundred  and  ninety- 
two,  and  the  construction  of  laterals  to  connect  with  said  main  sewer 
in  the.  town  of  Gates,  in   the  county  of    Monroe."  is  hereby  repealed. 

J?  2.  Change  of  terminus  I'he  commissioners  of  sewerage 
for  the  tenth,  fifteenth  and  twentieth  wards  in  the  city  of  Rochester, 
.111(1  the  town  of  Gates,  are  hereby  authorized  to  extend  or  change  the 
location  of  the  southern  terminus  of  the  .sewer  now  being  constructed 
by  them  in  the  town  of  Gates  and  city  of  Rochester,  to  such  point  on 
the  Chili  road,  or  between  said  Chili  road  and  the  Buffalo  road,  in 
said  town  of  Gates,  as  to  them  shall  seem  necessary  for  the  public 
health,  and  also  to  change  the  dimensions  and  route  of  said  .sewer 
from  its  present  line  to  any  adjacent  line  in  such  parts  as  to  them 
may  seem  more  economical  or  beneficial. 

<5   3.      When    in  effect — This  act  shall  lake  effect  immediately. 

NorK — Thi.s  law  by  error,  was  repealed  by  the  l,i(|iior  Ta.x  1-aw  (1..  iStjl), 
Ch.  I  12).  but  this  was  corrected  by  1..  iSgfi,  Ch.  650;  printed  in  full,  this  lx)ok. 
p.  44S.  Such  inaccuracy'  in  enumeration  of  laws  does  not  effect  repeal  of 
law  thus  nuntionrd — iVcplc  c.\  nl.  Fii<  ii  v>.  I.oril.  <»  App.  Div.  4,8;  McKee 
l>and  Co.  vs.  Williams.  0;,  .\])iv  Div.  5^',.    atiirnu-d  17;,  N.  N'.  (>^o. 


448  Si'Ka  lAi,   Laws  ok   ihk 


An  Act  to  aiithorizk   thk  co.mmissionkrs  ok  skwekaok  kor    thk 

TENTH,      KIFTEENTH      AND     TWENTIPHH     WARDS      IN     THE    CITY    OK 

Rochester  and  the  town  ok  Gates,  to  extend  and  chan(;k 
the    southern    terminus    ok    such    sewer    and    to   chance 

ITS    ROUTE.       (L.    1896.   Ch.  650). 

Section  i.  Change  of  terminus  I'lic  commissioners  of 
sewerage  for  the  tenth,  fifteenth  and  twentieth  wards,  in  the  city  of 
Rochester,  and  the  town  of  Gates,  are  hereby  authorized  to  extend  or 
change  the  location  of  the  southern  terminus  of  the  sewer  now  being 
constructed  by  them  in  the  town  of  Gates  and  city  of  Rochester,  to 
such  point  on  the  Chili  road,  or  between  said  Chili  road  and  the 
Buffalo  road,  in  said  town  of  Gates,  as  to  them  shall  seem  necessary, 
for  the  public  health,  and  also  to  change  the  dimensions  and  route  of 
said  sewer  from  its  present  line  to  any  Jldjacent  line  in  such  parts  as 
to  them  may  seem  more  economical  or  beneficial. 

>?  1.  Corrective  statute  -All  procecdiiiiis  had  and  acts  per- 
formed by  such  commissioners  under  and  by  \irtue  of  chapter  seven 
hundred  and  forty-four  of  the  laws  of  eighteen  hundred  and  ninety- 
five,  shall  have  the  same  validity  and  effect  as  if  such  act  had  not 
been  repealed  by  chapter  one  iumdred  and  twelve  of  tlie  laws  of 
eighteen  hundred  and  ninety-six. 

§    :;.     When   in  effect   -'iliis  ai  t  shall  lake  effect  immediately. 


An  Act  to  provide  kor  thk  ikwskkr  to  riiK  tre.vsurer  ok 
THE  ciTv  OK  Rochester,  ok  certain  i-owers  ok  the  com- 
missioners OK  SEWER.MIE  KOR  THE  TENTH,  KIFTEENTH  AND 
TWENTIETH    WARDS    IN  THE    CITV    OK   ROCHESTER,  AND   THE  TOWN 

OK  Gates.  Monroe  cointv.     (/.  iMoS.  Ch.  315). 

Section  i.  West  side  sewer  commission  ended—  The  com- 
missioners of  sewerage  for  the  Iciilh.  tiftcrnlh  and  twentieth  wards, 
in  the  city  of  Rochester,  and  the  town  of  (iates,  Monroe  county, 
having  completed  the  construction  of  the  sewer  provided  for  by 
chapter  six  hundred  and  three  of  the  laws  of  eighteen  hundred  and 
ninety-two.  and  the  acts  amendatory  thereof  and  supplementary 
thereto,  are  hereby  required,  within  twenty  days  after  the  passage  of 
this  act,  to  transfer  to  the  treasurer  of  the  city  of  Roche.ster.  Monroe 
county,  New  York,  all  the  records  and  proceedings  of  the  said  com- 


("iTV    ()|-     KOCIIKSTKR  44W 

missioners,  togetlier  with  llic  assessment  roll  iiiade  by  them,  and  all 
moneys  collected  thereon,  and  all  other  funds  in  the  hands  of  said 
commissioners;  whereupon  the  powers  and  duties  of  the  said  com- 
missioners under  the  said  acts  shall  cease,  except  as  hereinafter  pro- 
vided. 

§  2.  Treasurer  shall  sell  bonds — I'pon  such  transfer  beinjj 
made,  the  said  treasurer  of  the  cil\  ot  Rochester,  in  addition  to  the 
powers  and  duties  conferred  ui)oii  him  by  chapter  six  hundred  and 
three  of  the  laws  of  eighteen  hundred  and  ninety-two,  as  amended  by 
chapter  four  hundred  and  thirty-eight  of  the  laws  of  eighteen  hundred 
and  ninety-five,  is  hereby  empowered  to  issue  and  offer  for  sale  and 
.sell,  at  not  less  than  par  value  thereof,  as.sessment  bc)nds  to  the 
amount  of  four  hundred  thousand  dollars,  or  so  much  thereof  as  may 
be  required  for  the  purposes  hereinafter  specified.  Such  assessment 
bonds  shall  bear  interest  at  the  rate  of  four  and  one-half  per  centum 
per  annum,  payable  semi-annually,  and  shall  mature  in  from  one  to 
six  years  from  the  first  day  of  August,  eighteen  hundred  and  ninety- 
eight,  in  amounts  to  be  determined  by  the  said  treasurer  of  the  city 
of  Rochester.  With  the  proceeds  of  the  sale  of  the  said  bonds, 
together  with  the  available  moneys  in  his  hands  as  the  successor  in 
office  of  the  said  commissioners,  the  said  treasurer  of  the  city  of 
Rochester  shall  redeem  and  cancel  the  certificates  of  indebtedness  or 
assessment  bonds  heretofore  issued  by  the  said  commissioners  of 
sewerage,  under  the  provisions  of  chapter  six  hundred  and  three  of 
the  laws  of  eighteen  hundred  and  ninety-two,  as  amended  by  chapter 
four  hundred  and  thirty-eight  oi  the  laws  of  eighteen  hundred  and 
ninety-five.  .Such  redemption  shall  be  made  on  the  first  day  of 
-August,  eighteen  hundred  and  ninety-eight,  or  at  the  earliest  practic- 
able date  thereafter.  Said  assessment  bonds,  when  issued  by  the 
said  treasurer  of  the  city  of  Rochester,  vmder  the  provisions  of  this 
act,  shall  have  the  same  force  and  effect  as  the  bonds  issued  by  the 
said  commissioners  of  .sewerage,  pursuant  to  the  provisions  of  chaj>- 
ter  six  hundred  and  three  of  the  laws  of  eighteen  hundred  and 
ninety-two.  as  amended  by  chapter  four  hundred  and  thirty-eight  of 
the  laws  of  eighteen  himdred  and  ninety-five. 

<5  3.  Treasurer  n\n\  act  in  place  of  commissioners  The 
said  treasurer  of  the  city  of  Rochester  is  hereby  empowered  to  main- 
tain  or  defend  anv  aition  or  special  proceeding  arising  from  the  acts 


450  SpKCiAi,   Laws  ok  thk 

of  said  coinmissioners  of  sewerage,  or  arising  from  his  own  acts  as 
their  successor  in  office.  Said  treasurer  of  the  city  of  Rochester  is 
hereby  suljstituted  in  place  of  the  commissioners  of  sewerage,  as 
party  to  any  action  or  special  proceeding  now  pending,  and  it  is 
hereby  made  the  duty  of  the  city  attorney  of  the  city  of  Rochester  to 
appear  for  the  said  treasurer  and  prosecute  or  defend  all  actions  or 
special  proceedings  to  which  said  treasurer  may  be  made  a  party. 

The  city  treasurer  succeeded  lawfully  to  the  powers  and  duties 
of  the  west  side  trunk  sewer  commissioners  and  has  power  to  collect 
a.ssessments  out.side  the  city  of  Rochester — Koehler  \s.  Williams  as  treasurer, 
etc..  Monroe  E(|uity.  oi:)inion  tiled  bv  Nash.   ]..  January  20,  11)04. 

§  4.  Expenses  may  be  paid — The  said  treasurer  of  the  city 
of  Rochester  is  hereby  authorized,  with  the  approval  in  writing  of  the 
count}'  court  of  Monroe  county,  to  pay  from  the  funds  in  his  hands 
any  necessary  expense  not  otherwise  provided  for.  which  may  be 
incurred  in  carrying  out  the  provisions  of  this  net. 

<j  5.  Deficiency  assessments — In  case  said  treasurer  of  the 
cit}-  of  Rochester  shall,  at  any  time,  determine  that  the  amount  levied 
by  the  assessment  heretofore  made  by  the  commissioners  of  sewerage, 
pursuant  to  the  provisions  of  chapter  si.x  hundred  and  three  of  the 
laws  of  eighteen  hundred  and  ninety-two,  as  amended  by  chapter  four 
hundred  and  thirty-eight  of  the  laws  of  eighteen  hundred  and  ninet)'- 
hve.  is  insufficient  to  pay  off,  at  the  maturity  thereof,  the  assessment 
bonds  herein  provided  for,  and  shall  rile  a  certificate  with  the  clerk 
of  Monroe  county  that  such  deficiency  is  in  e.xcess  of  the  sum  of  thirty- 
thousand  dollars,  then,  and  in  that  case,  the  county  court  of. Monroe 
county  shall  make  an  order  directing  the  said  commissioners  of  sewer- 
age, who  were  appointed  under  the  provisions  of  chapter  six  hundred 
and  three  of  the  laws  of  eighteen  hundred  and  ninety-two  and  chapter 
four  hundred  and  thirty-eight  of  the  laws  of  eighteen  hundred  and 
ninet}'-five,  or  their  succes.sors  in  office  under  the  provisions  of  said 
acts,  to  make  such  further  assessment  as  shall  l)e  necessaiy,  and  the 
proceedings  in  reference  thereto  shall  be,  in  all  respects,  as  far  as 
practicable,  the  same  as  provided  for  in  chapter  six  hundred  and  three 
of  the  laws  of  eighteen  hundred  and  ninety-two,  as  amended  by  chap- 
ter four  hundred  and  thirty-eight  of  the  laws  of  eighteen  hundred  and 
ninet\-five,  except  that  such  assessment  may  be  made  payable  in  one 


City  of   Rochk.stp:k  4r)l 

or  more  installments  as  the  said  commissioners  of  sewerage  may 
determine.  In  case  such  deficiency  does  not  exceed  the  smii  of  thirty 
thousand  dollars,  then,  and  in  that  case,  the  said  county  court  shall 
make  an  order  determining  the  amount  of  such  deficiency,  and  direct- 
ing the  said  treasurer  of  the  city  of  Rochester  to  apportion  the  same 
to  each  of  the  persons,  his  or  their  representatives  or  assigns,  who 
were  assessed  under  the  provisions  of  said  chapter  six  hundred  and 
three  of  the  laws  of  eighteen  hundred  and  ninety-two,  as  amended  by 
chapter  four  hundred  and  thirty-eight  of  the  laws  of  eighteen  hundred 
and  ninety-five,  in  proportion  to  the  amount  which  each  such  person 
or  persons  were  assessed  in  the  assessment  roll  heretofore  made  by 
said  commissioners  under  the  pro\isions  of  said  acts.  Such  appor- 
tionment shall  be  in  the  usual  form  of  an  assessment  roll,  payable  in 
one  installment,  at  such  time  as  the  said  treasurer  of  the  city  of  Roch- 
ester shall  (letcrniinL'.  I'pon  tiling  ihc  said  assessment  roll,  or  a  copy 
thereof,  with  the  clerk  of  Monroe  county,  and  upon  the  publication 
of  a  notice  of  such  filing  for  ten  days  in  at  least  three  of  the  daily 
newspapers  of  the  city  of  Rochester,  f)ne  of  which  shall  be  a  (Jerman 
newspaper,  the  said  assessment  shall  be  a  lien  upon  the  se\eral  tracts 
or  parcels  of  land  included  therein  until  the  same  shall  be  paid. 
And  the  proceedings  for  the  collection  and  enforcement  thereof  shall 
be  in  all  respects,  as  near  as  practicable,  the  same  as  provided  for  in 
the  assessment  heretofore  made  by  the  said  commissioners  of  sewer- 
age under  the  provisions  of  chapter  six  Innulrcd  and  three  of  the  laws 
of  eighteen  hundred  and  ninety-two,  as  amended  by  chapter  four 
hundred  and  thirty-eight  of  the  laws  of  eighteen  hundred  and  ninety- 
five. 

5J  6.  West  side  sewer  c<mimission  ended  -The  said  com- 
missioners of  sewerage  are  hereby  rec|uired  to  transfer  to  the  said 
treasurer  of  the  city  of  Rochester  all  interest,  liens  or  titles  to  any 
lands  acquired  by  them  on  any  sale  for  unpaid  a.s.sessments.  and  the 
said  treasurer  of  the  city  of  Rochester  is  hereby  empowered  to  dis- 
jjose  of  the  same,  or  of  any  interest,  liens  or  titles  to  any  lands  that 
may  be  acquired  by  him  as  the  successor  in  office  of  the  .said  com- 
missioners of  sewerage,  by  private  sale  or  otherwise,  the  proceeds 
thereof,  after  deducting  the  expense  of  the  proceedings,  to  be  u.sed 
for  the  redemption  of  the  outstanding  bonds  issued  by  the  said  com- 
missioners of   sewerage  under  the  pro\  isioiis  of    chapter  six    hundred 


45*2  Si'K(.:iAi,   Laws  oi'    ihk 

and  three  of  the  laws  of  eighteen  hundred  and  ninety-two,  as  amended 
by  chapter  four  hundred  and  thirty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-hve,  or  issued  by  the  said  treasurer  of  the  city  of 
Rochester  under  the  provisions  of  this  act. 

55  7.  Treasurer  shall  report — I'he  said  treasurer  of  the 
city  of  Rochester  shall,  annually,  on  or  before  the  fifteenth  day  of 
January  in  each  year,  hie  with  the  Monroe  county  court  a  full  and 
complete  statement  of  all  his  financial  transactions  and  the  disposition 
of  all  moneys  received  by  him  under  and  by  virtue  of  the  provisions 
of  chapter  six  hundred  and  three  of  the  laws  of  eighteen  hundred  and 
ninety-two,  as  amended  by  chapter  four  hundred  and  thirty-eight  of 
the  laws  of  eighteen  hundred  and  ninety-five,  or  of  this  act,  which 
reports  shall  be  verified  by  the  oath  of  the  said  treasurer  of  the  city 
of  Rochester,  and  shall  be  duly  examined  and  audited  by  the  said 
county  court. 

?j  8.  Law  repealed — So  much  of  the  provisions  of  chapter  six 
hundred  and  three  of  the  laws  of  eighteen  hundred  and  ninety-two,  as 
amended  by  chapter  four  hundred  and  thirty-eight  of  the  laws  of 
eighteen  hundred  and  ninety-five,  as  are  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

§  9.     When   in  effect — This  act  shall  take  effect  immediately. 


TAXES   AND   ASSESSMENTS 

An  Act  to  authorize  thk  city  ok  Rochk.stki<  to  issue  its 
bonds  to  an  amount  not  exceeding  four  hundred  thou- 
sand dollars  for  the  purpose  of  paying  notes  and  ac- 
ceptances issued  and  advances  made  by  said  city  upon 
ant)  p.v  virtue  of  local  assessments.     (z.  1885,  cil.  1 68). 

Section  i.  Authority  of  common  council — The  city  of  Roch- 
ester is  hereby  authorized  and  empowered  to  issue  its  bonds,  in  such 
denomination  and  amount,  not  to  exceed  the  sum  of  four  hundred  thou- 
sand dollars,  as  the  common  council  shall  direct,  for  the  purpose  of 
obtaining  money  with  which  to  pay  notes  and  acceptances  issued  by 


I 


Crrv  or    Rochkstkr  453 

said  city  upon  local  assessments  and  advances  made  by  said  city  upon 
local  assessments  ;  such  bonds  to  bear  interest  at  a  rate  not  exceed- 
ing four  per  cent,  per  annum,  and  to  be  payable  at  such  time  as  the 
common  council  shall  direct ;  but  the  said  bonds  shall  not  to  be  ne- 
gotiated or  disposed  of  at  any  rate  less  than  the  par  value  thereof. 

^   2.     When  in  effect  -This  act  shall  take  effect  immediately. 


An    Act   to  kxe.mpt   Warner's  observatory   krom  assessment  ok 
TAXATION.      (/,.  1886.  C/i.  391  :  repealed  /,.   [894.  C/t.  529). 


An  Act  authorizin(;    the    city    of    Rochester    to    issue  honds 
against  past  due  taxes.     (z.  1896,  67/.  698). 

Section  i.  Past=due  tax  bonds — The  common  council  of  the 
city  of  Rochester  is  hereby  authorized  to  issue  the  bonds  of  said  city, 
to  be  known  as  the  past-due  tax  bonds,  to  such  an  amount  as  shall  be 
necessar)-,  not  exceeding  hve  hundred  thousand  dollars,  the  proceeds 
of  which  shall  be  used  in  paying  the  promissory  notes  or  other  obliga- 
tions of  said  city,  heretofore  issued  on  taxes  levied  but  uncollected  ; 
and  such  an  additional  amount  each  year  hereafter  as  shall  be  neces- 
sary, not  exceeding,  however,  the  amount  of  unpaid  taxes  advertised 
for  sale  in  such  year  by  the  city  treasurer,  the  proceeds  of  which  shall 
be  used  for  the  same  purposes  for  which  the  unpaid  taxes  so  adver- 
tised were  levied,  said  honds  to  he  countersigned  by  the  ina\-or  and 
president  of  the  common  council,  to  be  payable  at  such  time  and  to 
be  sold  in  such  manner  as  the  common  council  shall  determine,  at  a 
rate  of  interest,  howevLi,  n<it  to  exceed  four  per  centum  per  annum 
and  at  not  less  than  the  par  value  of  said  bonds  ;  the  proceeds  of  said 
bonds  to  be  deposited  in  such  banks  or  trust  companies  and  upon 
such  terms  as  the  common  council  may  dt-termine. 

§   2.     When  in  effect      This  act  shall  take  effect   immediatelv. 


An  Act    to    i.eoauize,    validate    and    confirm    sales    ok  taxes 
made  by  the  city  of   rochester.     ( /.  1898,  ch.   ^86). 

Section    i.     Tax   sales  validated      All  sales  of  land   made  by 
the  cit}-  treasurer  of  the  city  <^f  Rochester  for  unpaid  taxes  are  hereby 


454  Special  Laws  of  the 


legalized,  validated  and  conlinned  so  as  to  be  of  the  same  force  and 
effect  as  though  notices  of  such  sales  had  been  duly  adxertised,  and 
such  sales  made  as  required  by  law. 

§  2.  Actions  pending — Nothing  herein  contained  shall  affect 
any  action  or  special  proceeding  now  pending  in  any  court  relative  to 
such  taxes  or  the  sales  made  for  the  collection   thereof. 

55   3.     When  in  effect     This  act  shall  take  effect  immediately. 

Held  constitutional — Roe  vs.  City  of   Rochester,   opinion  l)y  Dunwell,   J., 
filed  in  Monroe  county  cleric's  office  January  21,  1901. 

See  nienioranduni  of   decisions  relating  to  taxation,  this   liook,  p]).    18S-190. 

Ax  Act  to  authorize  the    city  of  Roche.ster    to    cc^mfkomise 

THE    amount    levied    AND    ASSESSED     ACAIN.ST     THE     COUNTY    OF 

Monroe  for  the  cost  and  expense  of    improving  Church 

STREET    IN    THK    tITV    OF    ROCHESTER.       (Z.    1903,    C/l.    Iio). 

Section  i.  Church  street  assessment — 'i'he  common  council 
Df  the  city  of  Rochester  is  hereby  authorized  to  compromise  the 
amount  levied  and  assessed  against  the  county  of  Monroe  for  the 
cost  and  expense  of  improving  Church  street,  and  to  remit  a  part 
thereof,  and  the  whole  or  any  part  of  the  interest  and  penalties  that 
have  accrued  thereon.  The  amount  .so  remitted  shall  be  charged 
against  the  city  of  Rochester  and  raised  in  the  next  annual  levy  of 
taxes,  and  when  collected  shall  l)e  credited  to  the  local  improvement 
fund. 

§   2.      When    in  effect — This  act  shall  take  effect  immediately. 

Act  to  provide  for  payment  of  certain  local  assessments  asjainst 
state  lands  in  Rochester — L.  iScjy,  Ch.  ^77. 

Mt.  Hope  Cemetery  propertj'  exempt  from  taxes  and  assess= 
ments — ( )ld  Charter.  I-.  iSSo,  Ch.  14,  §  2i(),  this  liook.  page  342. 


An   Act    kelatinc    to    taxes    in    the    c  rrv  of  Rot  HK.vrKR.     (Z. 
1903.   C//.  522). 

Section  i.  Taxes  validated  All  taxes  heretofore  spread  upon 
the  assessment  rolls  of  the  various  wards  in  the  city  of  Rochester  are 
hereby  validated,  and  rendered  legal  and  binding  upon  the  persons 
taxed   and   property  assessed,  notwithstanding   any  irregularity,  omi.s- 


City  ok   Rociikstkr  4r)o 

sion  or  error  in  any  of  the  proceedings  relating  to  the  same,  or  in  the 
making,  levying  and  assessment  of  the  same,  and  all  proceedings  for 
the  collection  of  such  taxes  are  hereby  declared  valid  and  effectual, 
notwithstanding  any  irregularity,  omission  or  error  in  any  of  such  pro- 
ceedings, and  notwithstanding  the  omission  from  any  tax  warrant  of 
the  seal  of  the  city  of  Rochester. 

§  2.  Back  taxes  may  be  paid  All  taxes  heretofore  spread 
upon  the  assessment  rolls  of  any  of  the  wards  in  the  city  of  Roches- 
ter, and  unpaid  and  held  by  and  owing  to  the  city  of  Rochester  on 
the  date  of  the  passage  of  this  act,  excepting  taxes  for  the  years  nine- 
teen hundred  and  two  and  nineteen  hundred  and  three,  may  be  paid 
with  interest  thereon.  Personal  taxes  at  the  rate  of  six  per  centum 
per  annum  from  the  date  when  said  tax  *is  spread  was  confirmed  by 
the  common  council,  and  taxes  assessed  upon  real  estate  at  the  rate 
of  six  per  centum  per  annum  from  the  date  when  said  real  estate  was 
sold  by  the  city  treasurer,  provided  such  payment  be  made  within 
ninety  days  after  the  passage  of  this  act;  and  provided  also  in  case 
any  of  said  taxes  are  in  litigation,  or  in  process  of  collection  bv  action, 
foreclosure  or  supplementary  proceedings,  that  tiic  taxable  costs 
thereof  incurred  prior  to  April  two.  nineteen  hunched  and  three,  be 
also  paid. 

§  T,.  How  taxes  may  be  collected  All  ia.\e>  heretofore 
spread  upon  the  assessment  rolls  of  the  various  wards  in  the  city  of 
Rochester,  may  be  collected  by  the  corporation  counsel,  either  by 
action,  or  by  supplementary  proceedings,  or  bv  foreclosure  of  tax 
liens,  without  regard  to  the  date  when  the  said  taxes  were  so  spread, 
and  the  statute  of  limitations  cannot  be  interposed  as  a  defense 
thereto.  The  remedies  herein  provided  shall  be  in  addition  to  the 
other  methods  provided  in  the  charier  of  the  citv  of  Rochester  for  the 
collection  of  taxes  in  the  said  city  of  Rochester,  and  not  dependent 
upon  them,  or  any  of  them.  No  certificate  of  the  mayor  of  the  said 
city  of  Rochester,  made  by  said  ni.iyor  unclei  section  one  hundred 
and  four  of  the  charter  of  said  city,  of  failure  to  redeem  land  sold  for 
taxes,  now  or  hereafter  recorded  in  the  oHice  of  the  county  clerk  of 
Monroe  county,  shall  be  discharged  until  all  citv  taxes  which  are  a 
lien  ujion  the  jireniises  descril)e(l  in    s.iid    certiliiate.  shall    have   been 

*S()  in  tlif  si'ssioii  laws.     .Shtmlil  lead  "as." 


4n(i  Sl'KUAI.     I.WVs    Ol       IHK 

paid.  Notice  to  redcciii  Iroiii  sale  for  taxes,  may  be  ser\ecl  at  an\-  time 
after  the  expiration  of  two  years  from  the  date  of  said  sale,  llpon 
the  foreclosure  of  tax  liens  in  actions  brought  in  the  supreme  and 
county  courts,  all  taxes  due  the  city  of  Rochester  may  be  included 
in  the  action  of  foreclosure  and  be  satisfied  from  the  proceeds  of  the 
sale  of  the  premises.  Where  .several  lots  or  parcels  of  land  are  owned 
by  the  same  person  or  persons,  distinct  tax  liens  upon  the  separate 
lots  and  parcels  of  land  so  owned  may.  at  the  option  of  the  city  of 
Rochester,  be  foreclosed  in  one  action,  and  actions  now  pending  may 
be  consolidated,  in  the  discretion  of  the  court,  upon  such  facts  being 
shown. 

$  4.  Hearing  before  board  of  estimate  ;  reduction  or  can- 
cellation of  taxes  Within  ten  days  after  the  passage  (A  this  act.  the 
hoard  of  estimate  and  apportionment  of  the  city  of  Rochester  shall 
cause  to  be  published,  in  the  official  newspapers  of  said  city,  for  ten 
days,  a  notice  requiring  the  owner  or  owners  of,  and  all  persons  or 
corporations  interested  in.  lands  upon  which  there  remain  unpaid 
taxes,  and  all  persons  or  corporations  owing  taxes  heretofore  levied, 
either  real  or  personal,  to  present  their  objections  thereto,  in  writing, 
to  said  board  of  estimate  and  apportionment,  within  sixty  days  after 
the  passage  of  this  act.  Any  person  or  corporation  so  desiring  shall 
demand  in  such  written  objections  that  he  be  heard  in  relation  to  said 
tax  by  said  board  of  estimate  and  apportionment,  and  shall  state  in 
said  written  objections  the  address  at  which  such  notice  of  hearing 
may  be  sent  to  him,  and  upon  such  demand  being  made,  and  such 
address  being  given,  the  board  of  estimate  and  apportionment  shall 
tix  a  time  for  hearing  such  person  or  corporation,  and  mail  to  him.  at 
said  address,  a  notice  of  the  time  and  place  of  such  hearing;  and  the 
said  board  of  estimate  and  apportionment  shall  have  power  to  reduce 
any  tax  so  objected  to  in  writing,  or  to  cancel  or  remit  the  same,  or 
any  part  thereof,  subject  to  the  appro\al  of  the  common  council.  The 
amount  of  the  reduction  and  cancellation  of  taxes  shall  be  raised  in 
such  manner  as  may  be  directed  by  the  conuiion  council.  In  case 
any  tax  has  been  assessed  against  any  person  or  corporation  in  a  ward 
other  than  the  ward  in  which  such  person  resided,  or  such  corporation 
had  its  principal  office,  the  clerk  of  said  board  of  estimate  and  appor- 
tionment may  serve,  or  cause  to  be  served,  written  notice  of  such  tax 
upon  such  person  or  corporation,  stating  the  time  and  place  at  which 


C'llV    OK     R()(  HKSIKk  4iU 

such  person  or  corporation  will  he  j^ivt-n  a  lu-arini;  thereon  by  and 
before  said  l)oard  of  estimate  and  apportionment,  which  hearing  may 
be  adjourned  from  lime  to  time.  The  board  of  estimate  may  give  a 
hearing  upon  similar  notice  in  regard  to  all  other  taxes,  in  such  cases 
as  thev  may  deem  advisal)le.  .\fter  such  hearing,  or  in  case  the  per- 
.son  or  corporation  so  notified  does  not  appear,  the  board  of  estimate 
and  apportionment  shall  determine  the  amount  which  should  be  taxed 
against,  and  collected  from,  such  person  or  corporation,  subject  to 
confirmation  by  the  common  council  ;  such  sums  so  determined  upon 
shall  bear  interest  at  the  rate  of  twelve  per  centym  per  annum,  from 
the  date  of  the  confirmation  of  the  assessment  roll  in  which  the  tax 
against  such  person  or  corporation  originally  appeared.  The  board 
of  estimate  and  apportionment  may,  however,  fix  a  different  date  from 
which  to  compute  interest,  and  a  different  rate  of  interest,  subject  to 
the  approval  of  the  common  council.  The  board  of  estimate  and 
apportionment  shall  certify  to  the  city  treasurer  the  name  of  the  per- 
son against  whom  such  tax  is  assessed,  the  amount  thereof,  the  rate 
of  interest  thereon,  and  the  date  from  which  the  same  bears  interest, 
and  the  city  treasurer  shall  thereupon  proceed  to  collect  the  same  in 
the  same  manner  as  other  city  taxes  are  collected ;  and  the  sums  so 
determined  u]X)n  by  the  board  of  estimate  and  apportionment  shall 
be.  and  are  hereby  declared  to  be.  a  tax  against  such  person  or  cor- 
poration. Kvery  determination  by  said  board  of  estimate  and  appor- 
tionment pursuant  to  this  act.  shall  be  final  and  conclusive  when 
confirmed  by  a  majority  vote  of  the  common  council.  The  provisions 
of  section  four  of  this  act  shall  not  apply  to  taxes  levied  and  as.ses.sed 
in  the  city  of  Rochester  during  the  years  nineteen  hundred  and  two 
and  nineteen  hundred  and  three. 

{}  5.  Does  not  apply  to  local  iniproNcnients  The  provi- 
sions of  this  act  shall  not  ajjplv  to  assessments  le\  ied  for  thi-  cost  and 
expense  of  local  imjirovements. 

$  6.     When  in  effect       This  u  t  sh.iU  taki-  effect   immediatelv. 

Alls        ll.\\l\t.        ASSKSSMKN  IS       l<»K        rill        titsl        Ul        (  ()\>1  KIXTIN<; 
CKRT.MN     LOCAL      IMPKOVKMKN  Is  : 

raving  S.  St.  \':u\\  street  from  Court  street  to  Erie  canal — L.  1X99,  CI1.  401. 
I'avinp    S.    .St.    Paul     strtei    from   Kast    Main  street    to  Court   street  —  L.    iSqi), 

Cli.  4or. 
I'avinp  Ml.  Hope  avenut  from  I'.rie  canal  to  IClmwood  avenue — I..  i.'v)<).  Ch.  403. 


4r>S  Si'KciAi.   Laws  oi'    i  iik 


I'aviiig     ('(iiiit     strtcl     from      S.    St.    Paul     street     tn    (Trnton     strc-et — 1..    \>'><)'), 

Cli.  404. 
I'axiiii;      Tarsells      avenue     fioiii     1  .cijilitoii      street     to     Culver     road — 1-.    iS<>i;, 

Cli.  407. 
I'avin^    East     Main     street     from    Cioodman    street     to    Culver     road — I,.     iS<;<;, 

Ch.  40S. 
Paving  Lyell  avenue — I,.  1891),  Ch.  40<>. 
Paving     West      Main    street     from    Fitzhunh     street     to    l-^rie     canal  — 1..     iSc;^, 

Ch.  410. 
Paving  Exchange  street  from  Erie  canal  to  Clarissa  street — L.  1899,  Cii.  411. 
Paving  Exchange  street  from  Main  street  to  Erie  canal — L.  1S99.  Ch.  41J. 
Paving  Lake  View  Park — L.  1899,  Ch.  636. 
Act     validating    ordinance    for    ini]3rovement     of    Portland     avenue — L.     looi. 

Ch.  447. 


Acts    levying    assessments    upon    .street    railway    in    c\t\   oi- 
Rochester  for  cost  of  pavement  between  tracks  : 

Ihulson  avenue  from  (^lifford  street  to  Norton  street — L.  igoi.  Ch.  2O2. 
Clinton    avenue    North    from    Andrews  street     to    N.    \'.    C.    iV    11.    R.    K.  —  L. 

1 901,  Ch.  263. 
Main  street  East  from  University  avenue  to  Circle  street — L.  1901,  Ch.  264. 
North  street  from  Weld  street  to  Nash  street — L.  1901,  Ch.  265. 
Clinton    avenue    North    from    Main    street     East    to  Andrews    street — L.    looi, 

Ch.  266. 
Elm  street  from  Main  street  East  to  Chestnut  street — L.  moi,  Ch.  267. 
Clinton    avenue    North    from    X.    \'.    C.  \-  1 1.  K.  U.  to  Clifford  street  —  ],.    ic;oi. 

Ch.  268. 
Monroe    avenue     from    Dartmouth    street,    one    iiundreil   and   lifty    feet   east    of 

Erie  canal — L.  1901,  Ch.  269. 
Joseph  avenue  from  Clifford  street  to  Avenue  1) — 1..  H)Oi.  Ch.  270. 
Clinton   avenue   North  from  Clifford  street  to    Norton    street — L.  1901,  Ch.  271. 
Central  avenue  from  Clinton  street  North  to  North  street — L.  1901,  Ch.  272. 
Monroe  avenue    from    Clinton     avenue    South    to    South    Cioodman     street — L. 

1901,  Ch.  273. 
Clarissa  street  from  Exchange  street  to  Genesee  River  Ikidge — 1-.  1901,  Ch.  274. 
Emenson  street  from  west  end  of  Deep  Hollow  to  Dewey  avenue — L.  i<)Oi,  Ch.  275. 
Dewey  avenue  from  Emerson  street  to  Driving   Park   avenue — L.  1901,  Ch.  276. 
Centra]  avenue  from   Clinton  avenue  North  to   (ienesee  river — L.  1901,  Ch.   277. 
Caledonia  avenue  from  Erie  canal  to  Plymouth  avenue — L.  Kpi,  Ch.  27S. 
Emerson  street  from  Backus  street  to  Deep  Hollow — L.  1901,  Ch.  279. 
Ames  street  from  Jay  street  to  Maple  street — L.  1901,  Ch.  280. 
Jefferson  avenue  from  Plymouth  avenue  to  Cady  street — L.  1901,  Ch.  281. 
Jay  street  from  Child  street  to  Ames  street — L.  1901,  Ch.  282. 
City  authorized  to  make  contract  of  settlement  with  Rochester  Ry. 

Co. —  1..  njoi.  Ch.  ;fi2. 


C'nv    OK     1\<)(   IIKSTKR  409 

An  ACI  IN  KKI.AIION  1<)  TIIK  I  OLl.Kt  HON  (JK  iA\F>  IN  MoNRcjK 
COUNTY.  AND  lO  Al  IHORIZK  AND  PROVIDK  KOR  THE  SALE  OK 
PROPERTY    KOR      INI'MD      lAXKS      IN      SAID     COfNTY.         (/,.      I.SS4. 

C//.    107). 

Section  i.  County  taxes  li  shall  l>c  the  duty  of  the  county 
treasurer  of  Monroe  county  to  collect  annually  all  unpaid  taxes  upon 
lands  in  said  county  levied  for  state  or  county  ])urposes  in  the  manner 
hereinafter  provided. 

?   2.     When    treasurer  shall   pay  state  tax — It  shall  not  be 

the  duty  of  the  county  treasurer  of  the  county  of  Monroe  to  transmit 
to  the  comptroller  any  account  of  unpaid  taxes  assessed  upon  cor- 
porations or  upon  lands  of  iion-resitlents.  or  of  unknown  owners  in 
said  county,  or  any  collectors'  aflfidavit  in  relation  thereto:  nor  shall 
the  comptroller  credit  the  said  treasurer  of  said  county  with  any 
unpaid  taxes  on  lands  01  upon  corporations,  whether  asses.sed  to 
residents  or  as  non-resident  land;  but  the  whole  amount  of  any  state 
tax  unpaid  on  property  in  said  county  of  Monroe  shall  be  paid  by  the 
said  treasurer  of  the  coiuily  of  Monioe  to  the  treasurer  of  the  state  of 
New  \'ork.  on  or  before  the  tirst  day  of  .April,  after  the  same  shall 
have  been  assessed  upon  the  real  and  personal  estate  of  said  county 
(except  so  nuu  li  thereof  as  shall  be  ecpial  to  the  stale  school  tax 
as.sessed  uiDon  said  county,  as  annuallv  lertitied  by  the  state  comp- 
troller, whiih  amount  shall  be  retained  and  paid  out  by  the  said 
treasurer  of  tlu'  ((Hiiity  of  Monroe,  as  provided  1)\  chapter  three 
hundred  and  lifly-one  of  the  laws  of  eii^hteen  hundred  and  ei{,ditv.  and 
also  the  amount  allowed  for  recei\in;x  and  pavini;  the  monev  belon^- 
iuii  '*'  dii-  state,  .is  provided  in  ch.ipter  two  hundred  and  thirteen, 
laws  of  ei^diteen  hundred  and  seventy-nine  I:  and  in  case  the  whole 
amount  of  such  moneys  due  the  state  shall  not  be  collected  by  the 
said  tirst  day  of  April,  the  treasurer  of  the  s.iid  (ountvof  Monroe  shall 
make  pro\  ision  for  the  payment  of  the  same  b\  lemporarv  loans  u|>on 
the  credit  of  the  said  county,  or  by  advamin},^  the  said  amount  out  of 
anv  tiinds  in  the  tie.isurv   not  othiTwise  appropriated. 

>;  ^  Correctinj;  description  (»f  land.s  jhe  tount)  treasurer 
of  said  county  shall  examine  the  accounts  of  arrears  of  taxes  received 
from  the  collec  tors  of  the  towns,  and  all  taxes  so  erronerouslv  assessed 


4t)U  Si'K(  lAi,   Laws  oi     ihk 

ill  form  or  suhstanct,-  that  tlic  collection  of  the  same  cannot  he  en- 
forced, or  in  case  the  property  on  which  said  taxes  are  levied  is  so 
imperfectly  described  that  the  same  caniKJt.  in  the  opinion  of  the 
treasurer  of  said  county,  be  located  witii  certainty,  he  shall,  on  or 
before  the  fifteenth  day  of  June  followinj^,  deliver  a  transcript  thereof 
to  the  supervisor  of  the  town  in  which  such  property  is  located,  who 
shall,  within  thirty  days  thereafter,  cause  a  correct  description  of  the 
lands  so  imperfectly  described  to  be  made  and  returned  to  the  said 
treasurer.  If  such  improperly  described  property  is  located  in  the 
city  of  Rochester  the  assessors  of  said  city  of  Rochester  shall  cause  a 
correct  description  of  such  lands  to  be  made  and  delivered  to  the  said 
treasurer  on  or  before  the  fifteenth  day  of  July  followinj;. 


S  4.  Publication  of  notice  as  to  tax  sales — I'lic  treasurer  of 
said  county  shall  make  a  list  or  statement  of  the  lands  charged  with 
such  unpaid  taxes,  and  for  thirty  days  prior  to  the  first  Tuesday  in 
August,  in  each  and  every  year,  shall  cause  to  be  published  and 
printed  in  the  newspapers  in  said  county  designated  by  the  board  of 
supervisors  for  publishing  the  session  laws,  a  notice  containing  five 
squares,  which  notice  shall  call  the  attention  of  the  public  and  all 
persons  interested,  that  on  the  first  Tuesday  in  August  of  that  year, 
specifying  the  date,  he  will  publish  a  list  or  statement  of  the  lands 
charged  with  such  unpaid  taxes,  and  that  such  list  or  statement  will 
be  published  and  printed  in  the  newspapers  in  said  count)-  designated 
by  the  board  of  supervisors  for  publishing  the  session  laws,  specifying 
such  newspapers,  and  such  list  or  statement  of  lands  charged  with 
such  unpaid  taxes  shall  lie  published  in  such  papers  on  the  first 
Tuesdav  in  August  prior  to  the  time  of  such  sale,  which  shall 
commence  on  the  third  Tuesday  of  August  in  each  and  every 
year,  together  with  a  notice  that  so  much  of  said  lands  as 
may  be  necessary  to  discharge  the  taxes,  interest  and  charges 
which  may  be  due  thereon  at  the  time  of  the  sale,  together 
with  the  expense  of  procuring  description,  will,  on  the  day 
aforesaid,  which  shall  be  specified  in  such  notice,  and  the  suc- 
ceeding days,  be  sold  at  public  auction  in  the  treasurer's  office  in 
the  city  of  Rochester.  Should  any  errors  be  discovered  in  the  de- 
scription of  the  lands  so  assessed  and  taxed,  the  said  treasurer  may 
correct  the  same  at  any  time  previous  to  the  sale,  and  no  errors  in  the 


City  ok  KotyiEsiKR  4GI 

printed  description  in  sucii  newspapers  shall  vitiate  or  in  an\  manner 
.itfect  the  validity  of  such  sale.  All  expense  of  printing  such  list  or 
statement  and  notices  shall  be  audited  by  the  board  of  supervisors, 
and  paid  out  of  the  treasury  of  said  c(^unty.  The  publishers  of  said 
newspapers  shall,  immediately  after  the  last  publication  of  said  list 
and  notice,  deliver  to  the  treasurer  of  said  county  an  affidavit  of  the 
clue  publication  thereof,  made  by  some  person  or  persons  tf)  whom 
the  fact  of  such  publication  shall  he  known,  i  As  (inir/iJrJ  /..  iS(j3, 
C/i.  71S). 

$  5.  Tax  sales — On  the  day  specified  in  the  notice  of  sale  the 
treasurer  shall  commence  the  sale  of  such  lands,  and  shall  continue 
the  same  from  day  to  day,  until  so  much  of  each  parcel  so  assessed 
shall  be  sold  as  will  be  sufficient  to  pay  the  taxes,  interest  and  charj^es 
thereon. 

55  6.  Tax  certificates  after  sale  1  lu  purchasers  at  such 
sale  shall  pay  the  amounts  of  their  respective  bids  to  the  said  treas- 
urer inunediately  after  the  sale,  and  after  such  payments  shall  have 
been  made  the  .said  treasurer  shall  add  a  penalty  of  ten  per  centum 
thereto  for  the  benefit  of  the  said  purcha.sers.  and  shall  ^ive  the  pur- 
chaser of  any  such  real  estate  a  certificate  describinji  the  lands  pur- 
chased, the  sum  paid  and  the  penalty  attached  thereto,  and  statinj; 
the  time  when  the  purchaser  will  be  entitled  tf)  a  deed.  Said  treas- 
urer shall  be  paid  by  said  purcha.ser  the  sum  of  twenty-five  cents  for 
his  fees  on  the  delivery  of  such  certificate  of  sale,  which  amount  shall 
be  ;i(idt'(l  to  sui  h  tax  when  jiaid. 

!)  7.  Canccllatiuii  of  sales  and  new  Lerlificates  When 
ail)  purchaser  at  such  sale  shall  nej;lect  to  pay  tiie  amount  of  his  bid 
for  fifteen  days  after  the  conclusion  of  anv  sale  of  lands  for  taxes. 
pursuant  to  this  ac  t.  it  shall  be  lawful  for  the  said  treasurer  to  cancel 
such  sale,  by  which  .ill  the  ri<^hts  of  the  said  purchaser  under  such 
bid  shall  be  t-xtin^uished.  and  issue  a  certificate  of  such  sale  to  any 
other  person  who  will  pay  the  amount  for  such  certificate  which 
would  be  payable  by  the  oriijinal  purchaser,  in  case  the  said  sale  had 
not  been  canceled  ;  or  if  such  certificate  cannot  be  sold  he  mav 
transfer  the  same  to  the  countv  of  Monroe,  and  the  certificates  issued 


4t'ii:  Si'tx  lAU  L.ws.s  OK    riiK 

to  such  new  purchaser,  or  to  the  county  of  Monroe,  shall  transfer  the 
same  rights  that  would  have  been  obtained  by  the  successful  bidder 
at  the  sale  had  he  have  completed  his  purchase. 

i^  S.  Redemption-  At  any  time  within  two  yeats  after  the  last 
day  of  any  sale  of  land  for  taxes  as  aforesaid,  any  person  may  redeem 
the  same  by  paying  to  the  county  treasurer,  for  the  use  of  the  pur- 
chaser, his  heirs  or  assigns,  the  sums  mentioned  in  his  certificate, 
with  interest  thereon  at  the  rate  of  ten  per  cent,  per  annum  from  the 
date  of  such  sale. 

§  9.  Tax  deeds — If  such  real  estate  sold  for  taxes,  or  an)- 
portion  thereof,  be  not  redeemed  as  hereinbefore  provided,  the  treas- 
urer of  said  county  shall  execute  to  the  purchaser,  his  heirs  or 
assigns,  in  the  name  of  the  people  of  this  state,  a  conveyance  of  the 
real  estate  so  sold,  which,  when  perfected  in  the  manner  hereinafter 
provided,  shall  \  est  in  the  grantee  an  absolute  estate  in  fee  subject, 
however,  to  all  the  claims  which  the  people  of  this  state  mav  have 
thereon  for  taxes  or  other  liens  or  incumbrances :  and  the  said 
treasurer  issuing  such  conveyance,  shall  be  entitled  to  demand  and 
receive  from  the  grantee  one  dollar  as  his  compensation  for  preparing 
such  conxeyance. 

<j    ID.     Execution    of  deeds    with    presumption    thereof 

Kvery  such  con\e}ancc  shall  be  executed  by  the  treasurer  of  said 
county,  under  his  hand  and  seal,  and  the  execution  thereof  shall  be 
acknowledged  before  a  proper  ofiicer  the  same  as  other  conveyances 
of  real  estate  are  acknowledged  and  executed  under  the  laws  of  this 
state  :  and  such  conveyance  shall  be  conclusive  evidence  that  the  sale 
was  regular,  and  also  presumptive  evidence  that  all  the  previous  pro- 
ceedings from  and  including  the  assessment  of  the  land,  and  all 
notices  required  by  law  to  be  given  previous  to  the  expiration  of  the 
two  years  allf)wefl  to  redeem,  were  regular. 

5?  II.  Treasurer  shall  bid  inlands  It  shall  be  the  duty  of 
the  treasurer  to  bid  in  for  the  county  of  .M(Miroe.  at  any  sale  of  land 
for  taxes,  by  virtue  of  this  act.  everj-  lot  of  land  b\-  iiiin  put  up  for 
which  no  person  shall  offer  to  bid,  and  certificates  of  such  sale  shall 
be  made  by  the  treasurer,  which  shall  describe  the  lands  purchased 
and   specify  the   lime  when  the  board  of  supervisors  of  the  county  of 


Ciiv  oi    Kot  iiKsiKK  4«»;[ 

Monrcjc  will  l)e  ciititlecl  lo  a  clccd.  Sucli  purchases  shall  be  subject 
to  the  same  ri^ht  of  redemption  as  purchases  by  individuals,  and  if 
the  lands  sold  shall  not  be  redeemed,  the  treasurer  shall  execute  a 
conveyance  therefor  to  the  board  of  super\isors  of  the  county  of 
Monroe,  or  its  assigns,  which  shall  have  the  same  effect,  and"  become 
absolute  in  the  same  time  and  on  the  performance  of  the  like  con- 
ditions as  in  the  case  of  sales  and  conveyances  to  individuals. 

?;    12.     Treasurer  may  sell  certificates      The  treasurer  may, 

at  any  time,  sell  and  assign  all  the  interests  of  the  county  f)f  Monroe 
in  anv  or  all  certificates  owned  by  the  said  county  of  Monroe,  either 
at  public  or  private  sale,  as  to  him  may  seem  liest  for  the  interest  of 
said  county,  to  any  person  who  shall  forthwith  pay  into  the  county 
treasury  the  amount  of  the  purchase  money  charged  him  by  the 
treasurer,  and  the  assignee  of  such  certificates,  if  the  lands  therein 
described  be  not  redeemed,  shall  be  entitled  to  a  deed  therefor,  which 
shall  have  the  same  effect  and  become  absolute  in  the  same  time,  and 
on  the  performance  of  the  like  conditions  as  in  the  conveyances  in 
the  last  preceding  section. 

§  13.  Notice  to  occupant  —\\henever  the  whole  or  any  part 
of  any  lot  or  separate  tra(  I  of  l.ind  sold  for  taxes  by  the  treasurer,  and 
conveved  as  hereinbefore  provided,  shall.  M  the  time  of  the  expiration 
of  the  two  years  given  for  the  redemption  thereof,  be  in  the  actual 
occupancv  of  anv  person,  the  grantee  to  whom  the  same  shall  have  been 
conveved.  or  the  jn-rson  claiming  under  him.  shall  cause  a  written  or 
printed  notice  to  be  served  upon  the  person  or  persons  oicupying 
such  land,  within  two  years  from  the  expiration  of  said  tinie  to 
redeem,  stating  in  substame.  the  sale  and  lomeyance.  the  jH-rson  to 
whom  made,  and  the  amount  of  the  consideration  money  menti<»ned 
in  the  conveyance,  with  the  addition  ol  thirty-five  per  centum  on  such 
amount,  and  the  sum  paid  for  the  i\ci.'(\  not  exceeding  the  dollars,  and 
stating  also  that  unless  such  consideration  money  and  the  said  thirty- 
tive  per  centum  together  with  the  sum  paid  for  the  i\ci:(\  shall  be  paid 
into  the  treasury  for  the  benefit  of  such  grantee,  within  three  months 
after  the  time  of  tiling  in  the  treasurer's  office  f)f  the  evidence  of  the 
service  of  the  said  notice,  that  the  said  conveyance  will  become 
absolute,  and  the  occupant  and  all  others  interested  in  the  land  be 
forever  barred    from    all    right   or  title   thereto:   such   notiie  shall   be 


464  Sheciai,   Laws  of    iiik 

served  personally  on  such  occupant,  or  by  leaxing  it  at  his  clwelling- 
house  or  place  of  business  with  some  person  of  suitable  at^c  and  dis- 
cretion. 

§    14.     Notice  to  person  to  whom  land  Ls  assessed — At  the 

expiration  of  the  two  years  i:;i\en  for  the  redemption  of  any  lot  or 
separate  tract  of  land  sold  for  taxes,  and  conveyed  as  hereinbefore 
provided,  the  grantee,  or  the  person  or  persons  claiming  under  him. 
shall,  in  all  cases,  whether  said  land  is  occupied  or  unoccupied,  cause 
to  be  served  upon  the  person  or  persons  to  whom  the  same  is 
assessed  on  the  county  assessment  rolls  at  the  time  of  such  service,  a 
notice  similar  in  all  respects  to  that  rec|uired  in  the  last  preceding 
section,  to  be  served  upon  the  occupant.  Said  notice  may  be  served 
either  personally  or  by  depositing  the  same  in  the  Rochester  post- 
office  properly  sealed  and  inclosed  in  a  post-paid  wrapper,  directed  to 
the  said  person  to  whom  said  land  is  assessed,  at  his  last  knciwn 
place  of  residence. 

>t  15.  Redemption — Any  person  ha\ing  an  interest  in  or  lien 
upon  premises  sold  for  taxes,  pursuant  to  the  provisions  of  this  act. 
and  remaining  unredeemed  after  service  of  either  of  the  notices 
required  bv  the  last  two  preceding  sections,  may,  at  any  time  within 
the  three  months  mentioned  in  such  notice,  redeem  said  land  by 
paying  into  the  county  treasury  such  consideration  money,  with  the 
addition  of  thirtv-ii\e  per  cent,  thereon,  and  the  amount  that  shall 
have  been  paid  for  the  deed;  and  e\ery  such  redemption  shall  be  as 
effectual  as  if  made  before  the  expiration  of  the  two  years  allowed  to 
redeem  the  land  sold. 

§  ]6.  Order  to  show  cause  —  Within  one  year  after  the  ex- 
piration ot  the  three  months  mentioned  in  the  notice  to  be  ser\ed 
pursuant  to  sections  thirteen  and  fourteen  of  this  act,  the  grantee,  his 
heirs  or  assigns,  shall  make  application  to  the  county  court  of  Mon- 
roe county  for  an  order  requiring  the  parties  interested  to  show  cause 
why  he  should  not  have  possession  of  and  title  to  such  property  ;  and 
if  such  property  be  incumbered  by  mortgage  which  is  recorded, rfir  by 
a  judgment  which  is  a  lien  thereon,  or  by  an\-  other  recorded  lien,  the 
court  shall  cause  a  written  or  printed  copy  of  said  order  to  show  cause 
to  be  served  on  the  person  who  according  to  the  records  in   Monroe 


I 


City  ok    Rochksikk  4r»r» 

county  clerk's  -office  is  the  owner  of  such  property  and  of  such 
mortgage,  judgment  or  other  recorded  lien,  stating  in  substance  the 
sale  and  conveyance,  the  person  to  whom  conveyed,  the  amount  of 
the  consideration  money  mentioned  in  the  conveyance,  together  with 
thirty-five  per  centum  on  said  amount,  and  the  amount  paid  for  the 
deed,  and  for  serving  all  orders  required  by  this  section,  and  that 
unless  such  consideration  money,  together  with  the  thirty-five  per 
centum  and  the  expense  of  procuring  the  dttd,  and  the  expense  of 
serving  said  orders  to  show  cause,  is  paid  into  the  treasury  of  said 
county  by  a  person  having  an  interest  in  or  lien  upon  said  lands  to- 
gether with  the  costs  allowed  by  the  court  for  tJiis  proceeding,  which 
amount  shall  be  specified  in  said  order,  within  three  months  from  the 
service  thereof,  the  court  will  declare  the  title  vested  in  the  grantee. 
Said  order  to  show  cause  shall  in  e\ery  case  be  served  upon  the  per- 
son who  according  to  the  records  of  the  Monroe  county  clerk's  office, 
is  the  owner  of  said  property. 

§  17.  Final  order — At  any  time  after  the  expiration  of  the 
three  months  last  aforesaid,  unless  the  premises  are  redeemed  accord- 
ing to  the  terms  and  conditions  of  said  order,  the  county  judge  or 
special  county  judge  may  by  a  final  order  declare  the  absolute  title  in 
fee  to  the  said  premises  vested  in  the  grantee,  and  that  all  persons 
having  any  lien  upon  or  interest  in  said  premises  shall  he,  from  the 
date  thereof,  forever  barred  and  cut  off  from  any  and  all  right,  title 
or  interest  in  said  ]5roperty. 

§  iS.  Redemption  after  final  order  Any  person  h.uing  an 
interest  in  or  lien  upon  said  |iremises.  maw  within  the  three  months 
mentioned  in  the  last  preceding  section,  redeem  the  same  by  paying 
into  the  cf)unty  treasury  the  amount  stated  in  the  order  to  show  cause  : 
and  such  redemption  shall  be  as  etVectual  as  if  made  at  anytime  prior 
to  the  granting  of  the  said  order  to  show  cause. 

;?  i().  Service  of  order  to  show  cause — The  order  to  show 
cause  required  by  section  sixteen  of  this  act  shall  be  served  by  the 
sheriff  or  his  deputy  personally  upon  the  person  who  b\  the  records 
in  the  Monroe  county  clerk's  office  appears  to  be  the  owner  of  the 
property,  the  owner  or  owners  of  the  mortgage,  judgment  or  other 
recorded  lien,  if  anv  there  be.  if  said  owner  or  owners  reside  in  Mon- 
roe  couhtv :    if   ncM  residents  of  said  countv.  service  shall  be  made  in 


4<i((  Si'Kl  lAI,     I,\\\S    (II       IIIK 

thf  iiianiKT  pro\  idcd  for  the  service  of  notices  in  section  fourteen  of 
this  act.  The  certificate  of  the  sheriff  stating  the  time,  place,  and 
manner  of  such  service  shall  be  presented  to  the  county  judge  or 
special  countv  judge  before  the  granting  of  the  final  order  provided 
for  in  section  seventeen  of  this  act. 

§  20.  Recordinj^  conveyances — No  conveyance  made  in  pur- 
suance of  this  act  shall  be  recorded  until  all  notices  and  orders 
required  by  the  provisions  of  this  act  have  been  served,  aiul  all  pro- 
ceedings required  to  be  taken  have  been  so  taken  :  and  the  final  order 
required  by  section  seventeen  of  this  act,  and  the  certificate  of  the 
county  judge,  or  special  county  judge  stating  that  all  proceedings 
have  been  regular,  and  that  all  necessary  notices  have  been  served, 
shall  be  attached  to  and  recorded  with  such  conveyance. 

§  21.  Filing  notice — Within  one  month  after  the  service  of  a 
notice  required  to  be  served  by  sections  thirteen  and  fourteen  of  this 
act.  a  copy  of  such  notice  shall  in  all  cases  be  tiled  with  the  county 
treasurer,  together  with  the  affidavit  of  the  persons  making  such 
service,  which  shall  specify  the  time,  place  and  manner  of  such 
service. 

<;  22.  Fees  for  serving  notices — For  serving  an  order  re- 
quired by  the  provisions  of  this  act  to  be  served  by  the  sheriff,  he 
shall  be  entitled  to  charge  and  receive  of  the  purchaser  or  grantee 
for  each  such  service,  if  personal,  the  same  compensation  to  which  he 
is  now  entitled  by  law  for  serving  a  summons  in  a  civil  action  ;  and  if 
served  by  mail  he  shall  be  entitled  to  a  sum  not  to  exceed  fifty  cents 
for  each  such  ser\ice. 

;;  2;^.  Cancellation  of  tax  sale  W  hcnever  the  county  treas- 
urer shall  discover,  prior  to  the  conveyance  of  any  lands  sold  for 
taxes  by  virtue  of  this  act.  that  the  sale  was  for  any  cause  whatever 
invalid  or  ineffectual  to  give  title  to  the  lands  sold,  the  lands  so  im- 
properly sold  shall  not  be  conveyed,  but  the  treasurer  shall  cancel  the 
sale,  and  forthwith  cause  the  purchase-money  and  interest  thereon  to 
be  refunded  out  of  the  cf)unty  treasury-  to  the  purchaser,  his  repre- 
sentati\es  or  assigns. 

■j  24.  Charges  to  be  added  to  tax — The  charges  to  be  added 
to   the   tax  and  interest  upon  each  parcel  f)f  land  to  be  sold  or  adver- 


C'lrV    OK    KoCHKSIKR  4«»7 

liscd  for  sale  by  virtue  of  the  provisions  of  this  act  sliall  be  hxed  by 
the  board  of  supervisors  of  Monroe  county,  at  their  first  session  after 
the  passage  of  this  act.  Before  being  so  determined  by  said  board 
of  supervisors,  said  charges  shall  be  as  follows  :  I'or  each  parcel 
sold,  the  sum  of  one  dollar  and  fifty  cents,  of  which  seventy-five 
cents  shall  be  received  by  the  county  treasurer  as  his  compensation, 
and  the  balance  shall  be  paid  into  the  county  treasury;  and  for  each 
parcel  redeemed  before  the  same  is  sold,  the  sum  of  one  dollar,  of 
which  fifty  cents  shall  be  received  by  said  treasurer,  and  the  balance 
paid  into  said  treasun,-. 

§  25.  Laws  repealed — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereb\  repealed,  so  far  as  they  relate  to  Monroe 
county.  Nothing  in  this  act  however  shall  affect  anv  sale  of  any 
property  or  impair  any  vested  right  accpiired  or  created  under  or  i)iu- 
suant  to  any  existing  law. 

§  26.  When  in  effect  This  act  shall  take  effect  immediately, 
excepting  that  pro\ision  of  section  six  which  authorizes  the  treasurer 
to  receive  a  fee  for  certificates  of  sale,  which  provision  shall  take 
effect  on  the  expiration  of  the  term  of  office  of  the  present  incumbent. 


WATHR   WORKS 

.\\     .\(    r     to     sli'l'I.V      IHK      C  I  rv      01        R()CHK>TKK      Willi      I'LKK      \\l> 
W  IKUKSDMK    W.MKU.        ( /..    1S72,    ( '//.    387). 

Section  i.  Appointment  nf  w  ater  comniissioners  ;  tenure 
of  office  The  mayf)r  of  the  city  of  Rochester  shall  appoint  iivc  per- 
sons who  shall  thereafter  be  known  as  the  board  of  water  commis- 
sioners of  the  city  of  Rochester,  for  constructing  water  works  for  said 
city,  who  shall  hold  office  for  one.  two,  three,  four  and  tnc  years 
respectively,  as  determined  by  said  mayor  at  the  time  of  appointment. 
( )n  the  completion  of  said  w  ater  works,  said  board  shall  cease  to  exist, 
and  thereupon  all  property,  books  and  |)apers  relating  thereto,  shall 
be  jilaced  in  the  control  of  the  common  coimcil  of  .said  citv  :  any 
vacancy  in  said  board  shall  be  filled  by  the  mayor  of  said  citv  f(»r  the 
unexpired  term  :   and  said  mayor  shall   .ip|>oint    the    successor   of    the 


4(>^  Si'K.riAi,    Laws  ok  the 


commissioner  abovil  to  i^o  out  of  otiicc  within  twenty  clays  Ijeforc  the 
expiration  of  the  term  of  office  of  said  commissioner.  Said  commis- 
sioners shall  be  residents  of  said  city.  Provided,  however,  the  terms 
of  office  of  the  said  water  commissioners  shall  not  extend  beyond  the 
first  day  of  October,  eighteen  hundred  and  seventy-six.  (/..  i.Sji. 
Ch.  387  ;  as  amended  L.  1873.  Cli.  754). 

§  2.  Duties  of  commissioners — It  shall  be  the  duty  of  the 
said  commissioners  to  examine  and  consider  all  matters  relative  to 
supplving  the  city  of  Rochester  with  a  sufficient  cjuantity  of  pure  and 
wholesome  water  for  the  use  of  its  inhaliitants  and  for  the  extinguish- 
ment of  fires.     (Z.  1872,  Ch.  387  ). 

§  3.  Engineers,  surveyors,  etc.;  reports  —  Said  commis- 
sioners are  authorized  to  employ  engineers,  sur\eyors  and  such  other 
persons  as  in  their  opinions  may  be  necessar3\  to  ascertain  the  best 
and  most  expedient  plan  for  procuring  such  supply  of  water,  and  make 
surveys,  maps  and  plans,  together  with  estimates  of  the  cost  of  the 
same  (but  said  commissioners  shall  take  no  action  without  the  approxal 
of  the  mayor,  looking  to  the  leasing  or  purchasing  the  water  works 
now  in  process  of  construction),  and  shall  submit  a  report  of  the  plan 
adopted  by  them,  and  the  estimated  cost  thereof,  to  the  mayor  of  said 
city,  together  with  such  information  connected  with  the  object  of  their 
appointment  as  they  may  deem  necessary.     (Z.  1872,  Ch.  387). 

§  4.  Borrowing  money ;  bonds — If  the  plan  adopted  by 
said  commissioners  shall  be  apj^roved  by  the  mayor  of  said  city,  then 
said  commissioners  shall  proceed  with  their  plans  for  providing  said 
city  with  water,  and  shall  have  power  to  borrow  from  time  to  time, 
upon  the  credit  of  said  city  of  Rochester,  an  amount  not  exceeding 
the  amount  named  in  their  estimates  of  the  cost  of  said  works,  upon 
such  terms  of  credit,  not  exceeding  thirty  years,  and  at  a  rate  of  inter- 
est not  exceeding  seven  per  cent,  per  annum;  and  to  .secure  said  loan, 
the  said  connnissioners  are  authorized  to  make,  execute  and  sell,  at 
not  less  than  par,  from  time  to  time,  as  may  be  necessaiy,  bonds, 
which  shall  be  signed  by  the  mayor  and  the  president  of  the  board  of 
water  commftsioners,  as  such  commissioners,  which  said  bonds,  and 
the  interest  thereon,  shall  be  a  valid  lien  against  said  city  of  Roches- 
ter, and  the  credit  of  said  city  is  pledged  for  the  payment  of  the  same. 


ClIN-    Of     ROCUKSTKK  4(»9 

'i'hc  proceeds  of  said  bonds,  shall  be  applied  by  said  commissioners 
to  the  payment  of  expenses  incurred  by  them  under  the  provisions 
of   this  act.     ( /.   nSys,  C/i.  3.S7  :    as  amrihfetl  1S73.  Ch.  754). 

Amount  of  bonds  limited  -  I  he  board  of  water  com- 
missioners of  the  city  of  Rochester  is  hereby  authorized  to  issue 
bonds  for  the  construction  of  water  works  for  said  city,  to  an  amount 
not  exceeding  three  millions  of  dollars,  the  provisions  of  section  four, 
of  act  chapter  three  hundred  and  ei^i^hty-seven,  laws  of  eighteen  hun- 
dred and  seventy-two.  to  the  contrary  thereof  notwithstanding.  {I.. 
1874,  Ch.  649.  i  3). 

§  5.  Common  council  to  pay  expenses — The  common  coun- 
cil of  said  city  shall  pay.  from  time  to  time,  as  said  commissioners 
may  require,  all  expenses  incurred  by  said  commissioners  under  the 
provisions  of  this  act,  up  to  the  time  of  submitting  their  estimate  to 
the  mayor  of  said  city.     (/,.  1872,  Ch.  387). 

§  6.  Bonds — The  common  council  of  said  city  is  hereby  au- 
thorized to  issue  the  bonds  of  said  city  at  a  rate  of  interest  not  exceed- 
ing seven  per  cent,  per  annum,  payable  in  not  more  than  thirt}'  years, 
in  such  form  and  executed  in  such  manner  as  said  common  council 
shall  direct,  to  an  amount  equal  to  the  interest  which  has  accrued 
and  shall  accrue  upon  the  bonds  authorized  tt)  be  issued  bv  this  act 
prior  to  and  until  the  time  of  the  completion  of  the  system  of  water 
works  hereby  authorized.  pro\ided,  however,  that  no  bonds  shall  be 
issued  for  the  payment  of  any  interest  which  shall  accrue  on  such 
bonds  subsequent  to  the  year  eighteen  hundred  and  seventy-six. 
Such  bonds  may  be  .sold  at  not  less  than  par,  and  the  proceeds  shall 
be  used  solely  to  pay  the  interest  accruing  f)n  such  bonds  as  above 
specified.  The  common  council  is  hereby  authorized  and  directed  to 
raise,  from  time  to  time,  by  tax,  upon  the  estates,  real  and  personal, 
subject  to  tax  in  said  city,  the  sum  or  sums  which  maybe  required  to 
pay  the  interest  on  the  bonds  hereby  authorized  to  be  issued,  except 
as  herein  otherwi.se  provided,  and  to  redeem  them  at  maturity.  The 
common  council  of  .said  city  is  hereby  authorized,  if.  in  its  opmion.  it 
shall  be  deemed  necessary  for  the  comjiletion  of  the  water  works  for 
said  city,  to  direct  the  issue  of  the  bonds  of  said  city  in  the  manner 
heretofore  prescribed  by  law  at  a  rate  of  interest  not  exceeding  seven 
JUT  cent  per  annum.  ]3avable  in  not  more  than  thirl v  years   from   date 


47U  Si'KAivr.   Laws  of    iiik 

thereof,  but  the  aniouiU  of  such  bonds  shall  not  exceed  in  the  aggre- 
gate the  sum  of  one  luindred  and  eighty-two  thousand  dollars,  and 
such  bonds  shall  not  be  sold  at  less  than  par.  The  common  council 
of  said  city  is  hereby  authorized  and  directed  to  raise,  from  time  to 
time,  by  tax  upon  the  estates,  real  and  personal,  subject  to  tax  in  said 
city,  the  sum  or  sums  which  may  be  required  to  pay  the  interest  on 
the  bonds  hereby  authorized  to  he  issued  and  to  redeem  them  at 
maturity.      ( /,.  1872.  C'//.  387;  a.<  aiiiciidcd  1875.  Ch.  593). 

Note — See  act  authorizing  it-fuiuliiig  water  works  loan  bonds,  I,.  190J.  Ch. 
556,  til  is  book,  p.  486. 

5;   7.     When    in  effect — This  act  shall  take  effect  immediatel}-. 


Commissioners  may  enter  highways,  etc. —  The  said 
water  commissioners  are  hereby  authorized  to  enter  upon  any  public 
street,  highway,  road,  public  scjuare.  bridge  or  railroad  in  any  of  the 
villages  or  towns  adjoining  or  in  the  vicinity  of  the  said  city,  through, 
under  or  across  which  it  may  be  found  necessary  or  proper  to  con- 
duct the  water  from  any  river,  lake,  spring,  pond  or  stream  of  water, 
for  the  purpose  of  conveying  it  to  said  city,  and  to  lay.  construct, 
alter,  replace  or  repair  any  pipes,  conduits,  aqueducts  or  other  works 
necessary  for  that  purpose,  leaving  said  street,  highway,  road,  public 
square,  bridge  or  railroad  in  the  same  condition,  as  nearly  as  may  be. 
as  they  were  before  the  said  entr)^ ;  provided,  however,  that  before 
interfering  with  any  street,  structure  or  other  right  of  any  incorpo- 
rated village  or  railroad  company,  it  shall  be  necessary  to  obtain  the 
consent  of  the  trustees  of  such  village  or  directors  of  such  railroad 
company,  or  in  case  such  consent  cannot  be  obtained,  then  to  proceed 
to  acquire  the  necessary  rights  in  the  same  manner  as  the  title  to 
rights  in  other  lands  are  acquired.  (Z.  1872,  C/i.  771.  i  2\\  as 
aiiii'iidcii  1873.  Ch.  754). 

Salary  of  water  commissioners  The  said  water  com- 
missioners shall  severally  receive  the  sum  of  five  dollars  per  diem 
besides  their  reasonable  expenses,  for  the  time  employed  by  them 
respectively  as  such  commissioners,  not  exceeding,  however,  to  each 
commissioner  the  sum  of  one  thousand  dollars  in  any  one  year.  (1.. 
1872.  Ch.  771,  §  25). 


City  ok  R(jchksikk  471 

Amount  of  bonds  limited  Tlic  anioum  of  the  lioncls 
of  said  city  of  Rochester,  to  be  issued  under  the  provisions  of  this 
act,  shall  not  exceed  the  sum  of  three  millions  of  dollars.  ( /,.  1S72, 
(■//.  771,  §  26). 

Misdemeanor,  punishment  It  shall  be  a  misdemeanor 
punishable  by  fine  or  imprisonment  for  either  of  said  com- 
missioners or  any  clerk,  engineer  or  superintendent  appointed  by 
them  to  be  in  any  manner  or  way  interested,  directly  or  indirectly,  in 
furnishing  any  materials,  supplies  or  labor,  for  the  erection  of  said 
water  works  or  in  any  contract  which  said  commissioners  are  empow- 
ered to  make  by  this  act,  and  ever\-  purchase  or  contract  in  which 
any  such  person  is  interested  shall  be  deemed  forfeited  as  to  any 
interest  of  any  such  person.      {!..  1872,  Cli.  11  \,  §  27). 

Powers  of  water  commissioners  The  board  of  water 
commissioners  of  the  city  of  Rochester,  appointed  under  the  provis- 
ions of  act  chapter  three  hundred  and  eighty-seven  of  the  laws  of 
eighteen  hundred  and  seventy-two.  are  hereby  authorized  to  enter 
upon,  control  and  use,  as  the  agents  of  the  city  of  Rochester,  the 
waters  of  Hemlock  lake  and  Canadice  lakes,*  situated  in  the  county 
of  Livingston,  for  the  purpose  of  procuring  a  water  supply  for  the 
said  city  of  Kochcster,  and  shall  also  have  the  power  to  raise  the  sur- 
face of  water  in  said  lakes  not  to  e.vceed  two  feet,  and  to  draw  down 
the  said  water  below  low  water  mark  not  to  e.xceed  eight  feet :  also  the 
right  to  take  such  measures  and  make  such  constructions  as  shall  be 
necessary  to  secure  said  waters  for  the  purpose  intended,  and  to  pro- 
tect the  same  from  improper  obstructions  or  pollution  from  any  cause  ; 
alst).  to  perform  an\-  and  all  acts  relating  thereto,  which  mav  be  neces- 
saiy  for  the  purposes  for  which  said  commissioners  are  appointed, 
all  of  the  above  powers  hereby  granted  to  be  exercised  with  ilue 
regard  to  the  rights  of  owners  of  property  adjacent  thereto  or  depend- 
ent thereon.  And  the  city  of  Rochester  shall  be  liable  to  pay  to  such 
owners  any  and  all  damages  which  may  be  caused  to  said  property  by 
the  performance  of  said  act  or  the  exercise  of  the  powers  herebv 
granted.     (/.  1873,  Ch.  754,  $  3  ). 

N'oiK — Tile  exetulive  Ijiiard  of  tlie  city  nf  RoclieMt-i  siuceeilcd  to  ail  the 
powers  of  the  hoard  of  water  eonimi.>i.sioners  as  set  forth  in  the  above  .«ieclion. 
(I..  1S76,  Ch.  y,.  §  2,  ameiidinf;  §  155.  Old  Charter). 

*So  in  the  session  laws. 


472  Si'HXiAi.   Laws  ok    ihk 

Bonds — All  bonds  of  the  city  ot  Rochester  made  to  pro- 
vide means  for  the  construction  of  water  works  for  the  said  city  of 
Rochester,  on  demand  and  under  direction  of  said  board  of  water 
commissioners,  shall  be  countersigned  by,  remain  until  sold  in  the 
custody  of,  and  be  sold  or  negotiated  by  the  treasurer  of  the  city  of 
Rochester,  and  all  moneys  resulting  from  the  sale  thereof  shall  re- 
main in  the  custody  of  said  treasurer  of  the  city  of  Rochester,  and  all 
expenditures  made,  or  obligations  assumed,  for  the  payment  of  money 
by  said  board  of  water  commissioners  shall  be  paid  by  said 
treasurer  upon  vouchers  audited,  approved  and  signed  by  said  board 
of  water  commissioners,  or  a  majority  thereof,  and  countersigned  by 
the  mayor,  and  all  vouchers  relating  to  payments  of  salaries  to  em- 
ployees, or  for  work  under  contract,  shall  also  be  certified  to  be  cor- 
rect by  the  engineer  of  said  board  of  water  commissioners.  The  said 
city  treasurer  shall  keep  separate  accounts  of  all  bonds  issued  for  the 
purposes  described,  and  of  all  the  moneys  received  from  the  sale 
thereof,  and  also  of  all  moneys  paid  upon  the  vouchers  of  said  board 
of  water  commissioners,  the  said  books  of  account  to  be  open  to  the 
inspection  of  any  taxpayer  of  said  city  at  all  reasonable  times,  and 
said  board  of  water  commissioners  are  hereby  authorized  to  pay  to 
the  said  city  treasurer  the  sum  of  five  hundred  dollars  per  annum  in 
full  compensation  for  the  services  required  by  this  act.  All  interest 
which  may  accrue  on  said  moneys  so  deposited  shall  be  placed  to  the 
credit  of  said  water  fund.     (Z.  1873,  Ch.  754,  §  4). 

Bonds  of  commissioner  and  treasurer — Before  any  water 
bonds  of  the  city  of  Rochester  are  issued  under  the  direction 
and  authority  of  the  said  board  of  water  commissioners,  each  com- 
missioner shall  execute  to  the  city  of  Rochester  a  bond  for  faithful 
performance  of  the  duties  of  his  office,  signed  by  at  least  two  respon- 
sible sureties  in  the  penal  sum  of  twenty-five  thousand  dollars  ;  and 
the  city  treasurer  shall  also  execute  to  the  said  city  a  bond  in  the 
penal  sum  of  fifty  thousand  dollars  for  the  faithful  performance  of  his 
duty  as  custodian  of  the  water  fund  of  said  city,  signed  by  at  least 
two  responsible  sureties,  who  shall  each  justify  in  the  sum  of  fifty 
thousand  dollars.  The  said  bonds,  both  of  the  commissioners  and 
city  treasurer,  shall  be  placed  on  file  in  the  office  of  the  county  clerk 
of  Monroe  count)-,  the  sufficiency  of  the  security,  in  the  several  bonds 
to  be  determined  upon  and  approved  by  the  mayor  of  said  city. 
(Z.  1873.  Ch.  754.  §  5)- 


Cnv  OK   Rochester  473 

Nc>TE — The  board  of  water  commissioners  were  authorized  to  purchase  the 
rigiits  and  property  of  the  Rochester  water  works  compan\'.  (I-.  1S73,  Ch. 
754'  §  f>)- 

Records  and  reports — The  said  board  sliall  keep  a  full 
record  of  its  proceedings  in  a  book  to  be  provided  by  them  for  that 
purpose,  which  shall  at  all  reasonable  times  be  open  for  the  inspection 
by  the  taxpayers.  And  the  said  board  of  water  commissioners  shall, 
on  the  first  day  of  July  and  January  in  each  year,  make  a  report  in 
writing  to  the  common  council  of  all  proceedings  had  by  them  and 
liabilities  incurred.  And  when  the  office  of  said  board  of  commis- 
sioners shall  have  ceased,  the  said  books  of  its  record  and  proceed- 
ings shall  be  delivered  to  the  city  clerk  and  kept  in  his  office.  (/.. 
1873,  C7i.  754,  §  7). 


An  Act  to  empower  the  executive  board  ok  the  city  of 
roche-ster  to  .acquire  l.and  and  other  property  for  the 
water   work.s  of  said  city.     (/.  1 88 1  .  c//.   29). 

Section  i.  Executive  board  may  acquire  title  to  lands  for 
water  works — The  executive  board  of  the  city  of  Rochester,  by  and 
with  the  consent  of  the  common  council,  is  hereby  authorized  to  ac- 
quire by  purchase  or  in  piusuance  of  the  provisions  of  this  act.  the 
title  to  the  lands,  waters,  lakes,  springs,  ponds,  or  streams,  or  any 
easement  therein,  which  may  be  necessary  for  the  purposes  of  the 
waterworks  of  said  city.  In  case  the  said  executive  board  is  unable 
to  obtain  by  purchase  the  said  lands,  waters,  lakes,  springs,  ponds  or 
streams,  or  easements  therein,  they  shall  be,  and  are  hereby  author- 
ized to  proceed  to  ac(|uire  such  title  or  rights  in  the  nianner  herein- 
after specified. 

Note — The  hoard  of  water  commissioners  iiad  the  same  power  as  is  given 
to  the  executive  hoard  in  above  section.      (1..  1S72,  Ch.  771,  §§  22,  23). 

§  2.  Title,  ho\>  acquired  The  saiil  board  mav  pre.sent  a 
petition  in  the  name  of  the  city  of  Rochester,  praying  for  the  appoint- 
ment of  commissioners  of  appraisal,  to  the  supreme  court  at  any  gen- 
eral or  special  term  thereof  held  in  the  .seventh  judicial  district.  Such 
petition  shall  be  signed  and  verified  either  bv  the  mayor  of  said  city 
or  any  member  of  said  executive  board.      It   shall   contain   a   descrip- 


474  Special  Laws  ok  thk 

tion  of  the  property  or  rights  which  are  sought  to  be  acquired,  and 
must  state,  in  effect,  that  the  property  so  sought  to  be  acquired  is 
requisite  for  the  purpose  of  constructing,  imiMoving  or  operating  said 
water  works  ;  that  the  said  city  or  said  executive  board  has  not  been 
able  to  acquire  title  thereto,  and  the  reason  of  such  inability.  It 
nuist  also  state  the  names  and  places  of  residence  of  the  ]xirlie>  who 
own  or  have,  or  claim  to  own  or  ha\'e.  estates  or  interest  in  the  prop- 
erty -SO  sought  to  be  acquired,  so  far  as  the  same  can,  by  reasonable 
diligence,  be  ascertained.  If  any  of  such  j^ersons  are  infants,  their 
ages,  as  near  as  may  be,  must  be  stated.  If  any  are  idiots,  or  per- 
sons of  unsound  mind,  or  unknown,  that  fact  must  be  stated,  together 
with  such  other  allegations  and  statements  of  liens,  or  incumbrances, 
as  the  said  executive  board  may  see  tit  to  make. 

5?  3.  Service  of  petition  and  notice — A  copy  of  such  jjeii- 
tion,  with  a  notice  of  the  time  when  and  place  where  the  same 
will  be  presented  to  the  supreme  court,  must  be  served  on  all  persons 
whose  interests  are  to  be  affected  by  such  proceedings,  at  least  ten 
days  prior  to  the  presentation  of  such  petition  to  the  court.  If  the 
person  upon  whom  such  service  is  made  resides  in  this  state  and  is 
not  an  infant,  idiot  or  person  of  unsound  mind,  service  of  a  copy  of 
such  petition  and  notice  must  be  made  upon  him  personally  or  by 
leaving  the  same  at  his  usual  place  of  residence  with  some  person  of 
.suitable  age.  If  the  person  on  whom  such  service  is  to  be  made 
resides  out  of  this  state  and  in  any  of  the  .states  of  the  United  States, 
or  in  any  of  the  British  colonies  in  North  America,  such  service  must 
be  made  by  delivering  to  such  person  personally  or  leaving  at  his 
last  place  of  residence,  if  known,  a  copy  of  such  petition  and  notice 
at  least  thirty  days  before  presenting  the  same  to  the  court  ;  or  such 
service  may  be  made  by  publishing  a  notice  stating  ImmcHv  the  object 
of  the  application,  and  giving  a  description  of  the  land  or  other  prop- 
erty to  be  taken  in  the  state  paper  and  in  a  newspaper  printed  in  the 
county  in  which  the  property  to  be  taken  is  situated,  once  a  week  for 
six  weeks  next  previous  to  the  presentation,  and  by  depositing  a  copy 
of  the  petition  and  notice  in  the  post-office  at  Rochester,  properly 
folded  and  directed  to  such  person  at  his  post-office  address,  if  the 
same  can  be  ascertained,  and  if  not,  at  the  post-office  nearest  his  la.st 
place  of  residence,  at  least  thirty  days  before  presenting  such  petition 
to  the  court,  and  paying  the  postage  thereon.      If   such   person   is  an 


City  of   Rch  hksikk  475 

infant  and  resides  in  this  state,  such  service  shall  be  made  as  afore- 
said upon  his  general  guardian,  if  he  has  one.  and  upon  such  infant 
personally,  if  over  the  age  of  fourteen  years  :  if  under  that  age,  then 
upon  the  person  who  has  the  care  of.  or  with  whom  such  infant  re- 
sides. If  the  person  upon  whom  such  service  is  to  be  made  is  an 
idiot  or  of  unsound  mind,  and  resides  in  this  state,  such  service  may 
be  made  upon  the  committee  of  his  person  or  estate.  If  he  has  no 
such  committee,  then  upon  the  person  who  has  the  care  and  charge 
of  such  idiot  or  person  of  un.sound  mind.  If  the  person  upon  whom 
such  service  is  to  be  made  is  unknown,  or  his  residence  is  unknown, 
and  cannot  by  reasonable  diligence  be  ascertained,  then  such  .service 
may  be  made,  under  the  direction  of  the  court,  by  publishing  a  notice 
stating  the  time  and  place  where  the  petition  will  be  presented  and 
the  object  I  hereof,  with  a  description  of  the  land  or  other  propert}'  to 
be  affected  1)\-  the  proceedings,  in  the  state  paper,  and  in  a  paper 
printed  in  the  county  where  the  land  or  other  property  is  situated, 
once  in  eacii  week  for  six  weeks  previous  to  the  presentation  thereof 
to  the  court.  In  all  cases  not  herein  otherwise  provided  for  service 
of  the  petition,  notices  and  otiier  papers  in  the  proceedings  authorized 
bv  this  act  shall  be  made  as  the  supreme  court  in  the  se\enth  judicial 
district,  or  a  judge  thereof,  shall  direct. 

§  4.  Special  guardian;  security  In  case  an\-  party  to  be 
affected  by  the  proceedings  hereby  autliorized  is  an  infant,  idiot  or  of 
unsound  mind,  and  has  no  general  guardian  or  committee,  the  court 
to  which  such  petition  shall  be  presented  shall,  before  taking  any 
other  proceedings  thereon,  appoint  a  special  guardian  to  attend  to  the 
interests  of  such  person  in  such  proceeding.  If  a  general  guardian 
or  committee  has  been  appointed  for  such  person  in  this  state,  it  shall 
be  the  duty  of  sucii  general  guardian  or  committee  to  attend  to  the 
interest  of  such  infant,  idiot  or  person  of  unsound  mind.  i'lie  court 
may  rccjuire  sucii  securitv  to  be  given  by  such  general  or  special 
guardian  or  committee  as  it  may  deem  nece.ssar}^  to  protect  the  rights 
of  such  infant,  idiot  or  per.son  of  un.sound  mind.  All  notices  required 
to  be  served  in  the  progress  of  the  proceedings  may  be  served  on 
such  general  or  special  guardian  or  committee.  Any  person  may 
appear  in  such  proceedings  by  an  attorney,  upon  whom  all  papers 
shall  be  served  at  the  place  designated  by  him  in  such  notice  of  ap- 
pearance,       i'he    court    shall    appoint    some    competent    attorney    to 


476  Shkciai.   Laws  ok    iiik 

appear  for  and  protect  the  ri<;hts  of  any  parly  in  interest  wIk^  is  un- 
known, or  whose  residence  is  unknown,  and  who  has  not  appeared  in 
the  proceedings  by  an   attorney  or  agent. 

;?  5.  Proceedings  upon  petition  ;  oaths  and  duties  of 
commissioners — On  presenting  such  petition  t(Mhe  supreme  court 
as  aforesaid  with  proof  of  service  of  a  copy  thereof,  and  notices  afore- 
said, any  of  the  persons  whose  estates  or  interests  are  to  be  affected 
by  the  proceedings  may  show  cause  against  granting  the  prayer  of 
said  petition  and  ma}-  to  that  end  disprove  any  of  the  facts  alleged 
therein.  The  court  shall  hear  the  proofs  and  allegations  of  the 
parties,  and  if  no  sufficient  cause  is  shown  against  granting  the 
prayer  of  the  petition,  it  shall  make  an  order  for  the  appointment 
of  three  disinterested  and  competent  freeholders,  residents  of  the 
state  of  New  \'ork.  as  commissioners  to  ascertain  and  appraise  the 
c(Mnpensation  to  be  made  to  the  owners  or  persons  interested  in  the 
property  so  to  be  acquired,  and  shall  fix  the  time  and  place  for  the 
first  meeting  of  said  commissioners.  The  commissioners  shall  take 
and  subscribe  the  oath  prescribed  by  the  twelfth  article  of  the  con- 
stitution. Any  of  them  may  issue  subp(enas,  and  administer  oath.s- 
to  witnesses.  .\  majority  of  them  may  adjourn  the  proceedings 
from  time  to  time  in  their  discretion.  They  shall  view  the  premises 
described  in  the  petition  and  hear  the  proofs  and  allegations  of  the 
parties,  and  reduce  the  testimony  taken  by  them,  if  any,  to  writing, 
and  after  the  testimony  is  taken  in  each  case  they,  or  a  majority  of 
them,  all  being  present  or  ha\ing  notice  of  the  meeting  to  the  end 
that  they  may  be  present,  shall,  without  unnecessaiy  delay,  ascer- 
tain and  determine  the  compensation  which  ought  justly  to  be  made 
to  the  owners  or  persons  interested  in  the  property  so  sought  to  be 
acquired.  They,  or  a  majority  of  them,  shall  also  determine  what 
sum  ought  to  be  paid  to  the  general  or  special  guardian  or  connnittee 
of  any  infant,  idiot,  or  person  of  unsound  mind,  or  attorney  appointed 
to  attend  to  the  interests  of  any  unknown  owner  or  party  in  interest 
not  personally  served  with  notice  of  the  proceeding  and  who  has 
not  appeared,  for  his  costs  and  expenses.  They  shall  make  a  report 
of  their  proceedings  to  the  supreme  court  with  the  minutes  of  the 
testimony  taken  by  them.  The  compensation  to  which  they  shall 
each  be  entitled  for  every  day  they  are  actually  engaged  in  the  per- 
formance of  their  duties,  shall  be  fixed   by  said   supreme   court,  and 


CiiA    >ii     Koi  HKSXKR  477 

such  conipcnsalion,  together  with  their  expenses,  shall  be  paid  by  the 
city  of  Rochester.  U'hen  the  owners  or  persons  interested  in  the 
property  sought  to  be  acquired  shall  have  awarded  to  them  an  amount 
not  exceeding  the  compensation  offered  by  said  city  of  Rochester  for 
such  property  so  sought  to  be  acquired,  or  their  interest  therein,  said 
city  may  recover,  and  the  said  supreme  court  may  award  against  such 
persons  the  amount  so  paid  to  said  commissioners  necessarily  ex- 
pended for  witnesses,  or  such  part  thereof  as  said  supreme  court  shall 
deem  proper.     (As  amendcti  1S84.  C/i.  67). 

§  6.  Proceedings  not  affected  by  change  of  ownership — 
When  any  proceedings  of  appraisal  under  this  act  shall  have  been 
commenced,  no  change  of  ownershi-p  shall  in  an\-  manner  affect  such 
proceedings. 

>;  7.  Confirmation  of  report — On  such  report  being  made  In- 
said  commissioners,  the  said  city  of  Rochester  shall  give  notice  to 
the  parties  or  their  attorneys,  according  to  the  rules,  and  practice  of 
the  supreme  court,  that  application  will  be  made  to  the  said  court 
at  a  general  or  special  term  thereof,  for  the  contirmation  of  such 
report,  and  the  court  shall  thereupon  confirm  such  report  and  shall 
make  an  order  containing  a  recital  of  the  substance  of  the  proceed- 
ings and  a  description  of  the  property  appraised  for  which  compen- 
sation is  to  be  made  and  shall  direct  to  whom  the  money  is  to  be 
paid,  or  in  what  bank  and  in  what  manner  it  shall  be  deposited  bv 
said  city. 

S  cS.  Certified  copy  of  order  to  be  recorded  ;  appeal  A 
certified  copy  of  the  order  so  made  shall  be  recorded  in  the  clerk's 
office  of  the  county  in  which  the  property  described  is  situated,  and 
thereupon  and  on  the  payment  or  deposit  by  the  said  city  of  the 
sums  to  be  paid  as  compensation  for  the  property  so  taken  and  for 
costs  and  expenses  as  aforesaid,  as  directed  by  said  order,  the  said 
city  shall  be  entitled  to  enter  upon,  take  pos.session  of  and  use  the 
said  property  for  the  purpo.se  of  the  water  works,  aforesaid,  and  all 
persons,  wKo  have  been  made  parties  to  the  said  proceedings  shall 
be  divested  of  all  right,  estate  and  interest  in  the  same.  .-Ml  prop- 
erty acquired  pursuant  to  the  provisions  of  this  act  shall  be  deemed 
to  be  acquired  for  public  use.  Within  twenty  days  after  the  con- 
firmation   of   the    report    of    said    connnissioners.    either    parly    may 


478  Shkciai,    Laws  ok    iiik 

a|)pcal  by  notice  in  writinj;-  to  the  others  to  the  supreme  court,  from 
the  appraisal  and  report  of  said  commissioners.  vSuch  appeal  shall 
be  heard  by  the  supreme  court  at  a  jj^eneral  or  special  term  thereof 
on  the  usual  notice  rec|uired  b\-  the  rules  and  practice  of  said  court. 
On  the  hearinij  of  such  appeal,  the  court  may  direct  a  new  appraisal 
before  the  same  or  new  commissioners  in  its  discretion.  'I'he  second 
report  shall  be  thial  and  conclusiNc  on  all  parties  interested.  If  the 
amount  of  compensation  to  be  made  by  said  city  is  increased  by  the 
second  report,  the  difference  shall  be  paid  by  said  city  to  the  parties 
entitled  thereto,  or  deposited  in  bank  as  the  court  shall  direct.  If 
the  amount  is  diminished,  the  difference  shall  be  refunded  to  said 
city  by  the  party  to  whom  the  same  may  have  been  paid,  and  judg- 
ment therefor  ma\-  be  rendered  b}-  the  court  on  the  riling  of  the 
second  report  against  the  party  liable  to  pay  the  same.  No  appeal 
shall  affect  the  possession  or  use  by  said  city  of  the  property  so 
appraised,  and  when  the  same  is  made,  by  others  than  said  city,  it 
shall  not  be  heard  except  on  stipulation  of  the  party  appealing  not 
to  disturb  such  possession. 

ii  9.  Court  to  determine  conflicting  claims — If  there  are 
acherse  and  conflicting  claimants  to  the  mone\'.  or  any  part  of  it,  to 
be  paid  as  compensation  for  the  property  so  taken,  the  court  may 
direct  the  money  to  he  paid  into  the  court  and  may  determine  who 
is  entitled  to  the  same  and  to  whom  the  same  shall  be  paid  in  a 
summary  manner,  and  may  order  a  reference  to  ascertain  the  facts 
on  which  such  determination  and  order  shall  be  made. 

Who  entitled  to  award — In  re  application  of  tiie  City  of  Kocliester  to 
acquire  certain  water  rijjiits — 136  N.  N'.  S3. 

i^  10.  General  power  of  court — In  cases  of  appraisal  imder 
this  act  the  court  shall  have  power  to  make  all  necessary  orders  and 
directions  to  carry  into  effect  the  object  and  intent  of  this  act,  and 
to  compel  the  delivery  to  the  said  city  of  Rochester  of  the  possession 
and  control  of  all  property  or  rights  acquired  thereby.  The  practice 
in  such  cases  shall  be  conformed  as  nearly  as  may  be  to  the  ordinary 
practice  of  said  court. 

5i  II.  Amendments  to  proceedings — When  the  mode  or 
manner  of  conducting  any  of  the  proceedings  to  the  appraisal  of  the 
property  sought  to  be  taken,  and  the  proceedings  consequent  thereon 


C.'irv  OF    R()(  HKsiKk  479 

are  hot  e.xpresslv  provided  for  in  ihis  act,  the  said  ccnirt  before  whom 
such  proceedings  are  pending  shall  have  power  to  make  all  necessary 
orders  to  that  end.  The  said  court  shall  also  have  power  at  any  time 
to  amend  any  defect  or  informality  in  any  of  the  proceedings  author- 
ized by  this  act  as  niav  be  necessary,  or  to  cause  new  parties  to  be 
added  to.  and  furUur  notice  to  be  given  to  any  party  in  interest  as  it 
may  deem  proper,  and  shall  also  ha\e  power  to  appoint  commission- 
ers in  place  of  an\-  who  shall  die.  refuse  or  neglect  to  serve,  or  be 
incapable  of  serving. 

§  12.  Repeal  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  herel)\   repealed. 

§    13.      When  in  effect — This  act  shall  take  el'fecl  inunediately. 


An   .-\cr    10    AirHoki/.K     thk    issi'k    01     t.onds    01     ihk    ^  11  v    of 

K()(  HKSTER    TO    PA^■     I'OR      AN      A I  >1  HI  lo\  A 1      WAIKK     SriM'I.V.        (  /-. 

1892,    C/i.  358). 

Section  i.  Issuing  of  bonds;  proceeds  The  cit\()f  Roch- 
ester is  herel)\'  authorized  to  borrow  nione\'  for  the  purpose,  to  the 
amount,  and  in  the  manner  hereinafter  stated,  and  the  common 
council  of  the  city  of  Rochester  may.  from  time  to  time  hereafter,  for 
the  purpose  of  furnishing  an  additional  water  suppl\-  for  the  city  of 
Rochester  and  its  inhabitants.  b\-  a  three-fourths  vote  of  the  members 
of  said  common  council,  authorize  the  city  treasurer,  to  issue  the  bonds 
of  said  city  to  an  amount  not  exceeding,  in  the  aggregate,  the  sum  of 
one  million  seven  hundred  and  fifty  thousand  dollars  running  for  a 
period  not  exceeding  (ifty  years,  and  bearing  a  rate  of  interest  not 
exceeding  four  per  lentum  per  annum,  pavable  at  such  jjlace  as  the 
common  council  shall  designate.  .Said  bonds,  when  issued,  shall  be 
signed  by  the  treasurer,  sealed  with  the  corporate  seal  of  the  city, 
countersigned  bv  the  ma}()r  and  |)resident  of  the  common  council. 
and  may  be  either  coupon  or  registered  bonds  and  shall  be  redeem- 
able at  any  time  after  twent\  vears  from  the  issue  thereof.  .\  com- 
plete record  shall  be  made  and  ke|it  bv  the  said  treasurer  of  said 
bonds,  including  the  dates,  amounts  and  the  dates  of  maturity  thereof, 
and  to  whom  issued,  if  registered,  respectively.  The  proceeds  of  said 
bonds  shall  be  applied  to  the  |"iayment  of  the  costs  of  procuring  said 
additional  water  sujiph. 


4»0  Spkciai,   Laws  oi     ihk 

§  2.  Sale  of  bonds — Whenever  the  issue  of  any  bonds,  by 
virtue  of  this  act.  shall  be  authorized  by  said  common  council,  said 
treasurer  shall  invite  sealed  proposals  therefor  by  public  advertise- 
ment for  not  less  than  ten  days,  and  may  award  the  same  to  the 
highest  bidder  therefor  ;  provided,  that  no  proposals  shall  be  accepted 
for  less  than  the  par  value  of  said  bonds:  and  said  proposals  shall  be 
publicly  opened  only  by  the  treasurer  or  such  other  person  as  said 
common  council  may  designate  in  the  presence  of  the  finance  com- 
mittee of  said  common  council  or  such  of  them  as  shall  attend  at  the 
time  and  place  specified  in  said  achertisenient,  and  said  treasurer, 
with  the  approval  of  said  finance  ccjmmittee  or  such  members  thereof 
as  may  be  present,  shall  determine  what,  if  any,  part  of  said  proposals 
shall  be  accepted,  but  nothing  herein  contained  shall  be  constRied  to 
prevent  the  rejection  of  any  or  all  of  said  proposals,  and  said  common 
council  is  further  authorized,  for  the  purpose  of  paying  for  the  cost 
and  expenses  of  carrying  on  the  construction  of  any  work  now  being 
done,  pending  the  sale  of  any  of  said  bonds,  to  borrow  by  a  vote  of 
three-fourths  of  all  the  members  elected,  subject  to  the  approval  of 
the  mayor,  upon  the  credit  of  the  city,  by  its  promissory  note  or  notes, 
payable  in  not  more  than  a  year  after  their  date,  so  much  money  as 
may  be  deemed  necessary,  and  the  amount,  so  borrowed,  shall  be 
placed  to  the  credit  of  the  additional  water  supply  fund  to  be  re- 
funded, with  interest,  from  the  proceeds  of  the  sale  of  said  bonds. 
(^s  atnriulcd  I..   1894,  Cli.  394). 

Jj  3.  Deposit  in  banks — The  several  banks,  including  tiie 
savings  banks,  within  the  city  of  Rochester,  and  the  Rochester  tryst 
and  safe  deposit  company  are  hereby  authf)rized  to  receive  and  keep 
on  deposit  any  moneys  raised  by  the  sale  or  for  the  payment  of  said 
bonds,  and  to  pay  on  such  deposits  the  same  rate  of  interest,  as  that 
of  the  bonds,  of  which  such  deposits  are  the  proceeds  respectively, 
and  each  and  every  bank  or  company  receiving  such  deposits  as 
aforesaid,  shall  execute  and  gi\e  to  said  city  a  l)ond  with  sufhcient 
sureties  conditioned  to  save  said  city  harmless  in  any  event  of  and 
from  any  loss  by  reason  of  such  deposits,  said  bonds  to  be  approved 
by  the  mayor  and  chairman  of  the  finance  (.oinmittee. 

5^  4.  Redemption — In  an}^  year  in  which  by  the  provisions  of 
this  act,  any  portion  of  the  principal  of  the  bonds  herein  authorized 
shall  be  subject  to  redemption,  it  shall  be  the  duty  of  the  city  treas- 


City  ok  Rochester  4s1 

iirer  to  give  notice,  in  at  least  the  official  newspaper  of  the  city  of 
Rochester,  and  in  one  or  more  newspapers  pubHshed  in  the  city  of 
New  York,  during  the  first  ten  days  of  July,  stating  the  amount  of 
such  bonds  to  be  redeemed  at  par.  and  accrued  interest,  and  inviting 
tenders  thereof  from  the  holders  of  such  bonds,  and  from  the  tenders 
so  received,  if  any,  to  select  bonds  to  an  amount  not  exceeding  the 
amount  required  for  redemption,  and  to  give  the  holders  thereof 
notice  that  the  same  will  be  paid  at  such  place  as  such  bonds  and 
the  interest  thereon  shall  by  their  terms  be  made  payable,  on  or  be- 
fore the  first  day  of  September  then  next.  In  case  the  amount  so 
tendered  shall  be  less  than  the  amount  so  required  for  redemption,  it 
shall  be  the  duty  of  the  said  treasurer  between  the  fifteenth  and  twen- 
tieth days  of  any  such  July,  to  draw,  by  lot,  from  the  bonds  outstand- 
ing, the  numbers  reciuired  to  suppl\  any  such  deficiency,  or,  in  case 
no  tender  shall  have  been  received,  the  whole  number  so  required  for 
redemption,  and  for  this  purpose,  each  one  thousand  dollars  of  bonds 
so  issued,  whether  registered  or  coupon,  shall  be  numbered  consecu- 
tively in  the  order  of  issue,  and  as  to  tiie  bonds  so  drawn,  the  said 
treasurer  shall  at  once  give  public  notice  in  one  or  more  of  the  news- 
papers published  in  the  city  of  Rochester,  of  the  fact  that  such  bonds, 
stating  the  numbers,  have  been  drawn  for  redemption  and  that  the 
same  will  be  paid,  with  accrued  interest,  at  such  place  as  he  shall  des- 
ignate, on  or  before  the  first  dav  of  August  then  next,  and  as  to  all 
such  bonds  so  tendered  or  drawn,  and  in  respect  to  which  the  money 
required  for  their  redemption  shall  be  provided  and  kept  ready  for 
payment,  from  and  after  the  several  times  .so  limited  for  redemption, 
and  paNinenl  and  interest  sh.\ll  cea.se. 

§   5.     When   in  effect — This  act  shall  take  efVect   immediately. 

N(n"K — La\\>  iS^j.  Cli.  55S,  providing  for  issuing  water  Ixinds  pavable  in 
not  more  than  fifty  years,  held  not  in  conflict  with  §  1  1,  .Xrt.  .S.  of  the  Stale  Con 
stitution  of  1S46  (same  provision,  §  10.  Ait.  S,  ( '(institution  of  iSc)^).  ( 'iiy  of 
Rochester  vs.  (^)uiiitard.  1 3(1  N.  \'.  jji. 


.An   Acr   ro   .\i  riioui/K    iiii    (iTV  ok    kornK.srKU     ro    issiK   im»ni»s 

rO   \':\\    KOK   A   WAIKK    1 MSTRI  lU'TI  M ;  SVsrKM.      ( /..    1894.    (7l.  ^^^G). 

Section  i.  Bonds  for  water  distributing  system  I'he  city 
of  Rochester  is  hereby  authorized  io  borrow  money  for  the  purposes, 
to  the  amoinit.  and  in  the  inannei  hereinafter  stated,  and  the  conuuon 


4S2  Si'KfiAi,   Laws  oi-    ihk 

council  of  the  city  of  Rochester  inav  from  time  to  lime  hereafter,  for 
the  purposes  of  providing  said  cil\  with  additional  water  distributing 
mains  in  connection  with  the  water  works  system  of  said  city  by  a 
three-fourths  \ote  of  the  members  of  said  common  council,  authorize 
the  citv  treasurer  to  issue  the  bonds  of  said  city  to  an  amount  not  to 
exceed  in  the  aggregate  the  sum  of  two  hundred  and  fifty  thousand 
dollars  running  for  a  period  not  exceeding  twenty  years,  and  bearing 
a  rate  of  interest  not  exceeding  four  per  cent,  per  annum,  payable  at 
such  place  as  the  common  council  shall  designate.  Said  bonds  when 
issued  shall  be  signed  by  the  treasurer,  sealed  with  the  corporate  seal 
of  the  cit)',  countersigned  by  the  mayor  and  president  of  the  common 
council  and  be  either  coupon  or  registered  bonds.  A  complete  record 
shall  be  made  and  kept  by  the  city  treasurer  of  the  said  bonds,  includ- 
ing the  dates,  amounts  and  dates  of  maturity  themof,  and  to  whom 
issued  if  registered  respectively.  The  proceeds  of  said  bonds  shall 
be  applied  to  the  pavment  of  the  cost  of  constructing  said  distributing 
mains. 

is  2.  Sale  of  bonds — Whenever  the  issue  of  any  bonds  by 
virtue  of  this  act  shall  be  authorized  by  said  common  council  said 
treasurer  shall  invite  sealed  proposals  therefor  by  advertisement  in 
the  official  paper  for  not  less  than  ten  days,  and  may  award  the  same 
to  the  highest  bidder  therefor,  provided  that  no  proposal  shall  be 
accepted  for  less  than  the  par  value  of  said  bonds,  and  said  proposals 
shall  be  publicly  opened  only  by  the  treasurer,  or  such  other  person 
as  said  common  council  may  designate  in  the  presence  of  the  finance 
committee  of  said  common  council  or  such  of  them  as  shall  attend  at 
the  time  and  place  specified  in  said  advertisement  and  said  treasurer 
with  the  approval  of  said  finance  committee  or  such  members  thereof 
as  may  be  present,  shall  determine  what,  if  any.  part  of  said  proposals, 
shall  be  accepted,  but  nothing  herein  contained  shall  be  construed  to 
prevent  the  rejection  of  any  or  all  of  said  proposals.  And  said  com- 
mon council  is  further  authorized  for  the  purpose  of  paying  for  the 
costs  and  expenses  of  carrying  on  the  construction  of  any  work  pur- 
suant to  this  statute,  pending  the  sale  of  any  of  said  bonds  to  bor- 
row by  vote  of  three-fourths  of  all  of  the  members  elected  subject  to 
the  approval  of  the  mayor  upon  the  credit  of  the  city  by  its  promis- 
sory note  or  notes  payable  in  not  more  than  a  year  after  their  date 
so  much  monev  as  mav  be  deemed  necessarv  and  the  amount  so  bor- 


CiTv  OF  Rochester  4 So 

rowed  shall  be  placed  to  the  credit  of  the  funds  for  the  jKirposes  of 
this  statute  to  be  refunded  with  interest  from  the  proceeds  of  the  sale 
of  said  bonds. 

§  3.  Deposits  i'he  several  banks  includini;  the  sa\  inj;  banks 
within  said  city,  and  the  Rochester  trust  and  safe  deposit  company 
and  Security  trust  company  of  Rochester,  are  hereby  authorized  to 
receive  and  keep  on  deposit  any  moneys  raised  by  the  sale  or  for  the 
payment  of  said  bonds  by  the  notes  of  said  city  pursuant  to  this  act, 
and  to  pay  on  such  deposits  such  rate  of  interest  as  agreed  upon  by 
said  finance  committee,  and  each  and  every  bank  and  company  re- 
ceiving such  deposits  as  aforesaid  shall  execute  and  give  to  said  city 
a  bond  with  sufficient  sureties  conditioned  to  save  said  city  harmless  in 
any  event  of  and  from  any  loss  b)'  reason  of  such  deposits,  said  bond 
to  be  approved  by  the  mayor  and  chairman  of  the  finance  committee. 

§  4.  Payment  of  interest  on  bonds — In  order  to  provide  for 
the  payment  of  interest  of  the  bonds  heieh}'  authorized  to  be  issued 
by  said  city,  there  shall  be  added  to  the  general  city  taxes  of  the  city 
at  large  in  the  year  when  the  first  issue  of  bonds  hereby  authorized 
shall  be  made  and  each  year  thereafter,  such  sum  of  money  in  each 
of  said  years  as  shall  be  recjuired  lo  pa\-  the  interest  upon  the  bonds 
which  shall  have  been  issued  pursuant  to  the  provisions  of  this  act. 
To  provide  for  the  payment  of  the  principal  of  said  bonds  it  shall  be 
the  duty  of  the  treasurer  of  said  city  to  estimate  and  ascertain  the 
amoiuits  required  to  be  added  to  the  general  city  ta.ves  of  said  city  by 
\irtue  of  this  act  aiul  to  transmit  a  statement  each  year  to  said  com- 
mon council  in  time  to  have  such  amount  included  in  the  general  city 
tax  of  said  city  for  that  year,  and  it  shall  be  the  duty  of  .said  conunon 
council  to  cau.se  such  amount  to  be  included  in  such  general  city  tax 
and  to  provide  annually  by  tax  for  the  payment  of  the  principal  and 
interest  of  the  bonds  issued  pursuant  to  the  provisions  of  this  act. 

i;    V      When  in  effect-'I'his  act  shall  take  elTect   immediately. 

.\\  .\(  r  ro  I'KOVIDK  K)K  THK  S.ANIIAKV  l'l<( )  rKl  TIO.N  OI-THK  SOUKt-KS 
OK  WATKR  SUIM'I.V  OK  TIIK  TI  1  \  ()!■  RocHK>;TKK  1!V  rHK  ACQIM- 
SITION  l!V  SAIK  CITV  OK  KKAI.  I'KOHKKTV  AM>  INTKKK.srs 
rUKKKl.N  NKt  ESSAKV  FOR  THA  K  l'i;RroSK,  AM)  IIV  rUF.  AHAIKMEN  K 
AND  REMOVAL  OK    SOURCES  OF   POLLUTION.       ( /..    1895,    Ch .     lOlS). 

Section  \.  City  empowered  to  acquire  lands  at  Hemlock 
lake   -It    shall    be    lawful    for  the   litv  of    Rochester  to  .icquire  in  the 


484  Spkciai.   Laws  ok  thk 

manner  hereinafter  slated,  title  to  any  real  properl}-,  including  lands 
under  water,  and  any  interest  or  easement  therein,  in  the  counties  of 
Livingston  and  Ontario,  included  within  a  line  drawn  around  the 
shores  of  Hemlock  lake  situated  in  said  counties,  and  two  hundred 
feet  distant  from  high  water  mark,  that  may  be  necessary  for  the 
sanitary  protection  of  the  sources  of  the  water  supply  of  said  city,  and 
the  abatement  and  removal  of  sources  of  pollulion  thereof.  (As 
amended  I..  1901,  Ch.  249). 

§  2.  Hemlock  lake  commission — Within  twenty  days  after 
this  act  takes  effect  the  executive  board  of  said  cit}-  shall  apply  to  a 
special  term  of  the  supreme  court  for  the  appointment  of  three  dis- 
interested persons,  residents  of  said  city,  to  be  known  as  the  "  Hem- 
lock lake  commission''  to  contract  for  the  purchase  of  such  real 
property,  interest  or  easement  therein.  Such  commissioners  shall 
receive  five  dollars  for  each  day  actually  employed  in  such  service, 
and  shall  call  upon  the  city  engineer  and  corporation  counsel  and 
other  officers  of  said  city  for  such  assistance  as  may  be  required,  and 
shall  have  power  to  employ  such  other  assistants  as  may  be  necessar)-. 
A  vacancy  in  the  otfice  of  a  commissioner,  on  the  application  of  the 
commissioner  or  commissioners  in  office,  or  of  any  person  interested, 
may  be  filled  by  the  court  which  originally  appointed  the  commission- 
ers. In  case  said  commissioners  are  unable  to  contract  for  the  pur- 
chase of  such  real  property,  interest  or  easement  therein,  they  shall 
apply  to  the  supreme  court  on  behalf  of  said  city,  under  the  condem- 
nation law,  for  the  acquirement  of  such  real  property,  interest  or 
easement  therein,  and  all  proceedings  for  the  condemnation  of  such 
real  property,  interest  or  easement  therein  shall  be  as  provided  in  the 
condemnation  law.  If  it  shall  be  necessary  for  the  purpo.ses  of  this 
act,  such  commissioners  may  take  any  highway  or  portion  of  a  high- 
way within  the  limits  described  in  section  one,  but  they  shall  recon- 
struct any  such  highway  in  a  manner  satisfactory  to  the  highway 
commissioners  of  the  town  in  which  it  is  located,  and  so  as  not  to 
materially  interfere  with  the  public  travel,  and  acquire  the  necessary 
land  therefor,  by  agreement  with  the  owners  thereof,  or  if  unable  to 
so  agree,  by  condemnation.     {As  amended  L.  1899,  Ch.  640). 

{i  3.  Abatement  of  nuisances — The  board  of  health  of  said 
cit}'  in  addition  to  any  other  remedies  provided  by  law  for  the  sanitary 
protection  of  water  supplies,  or  the  suppression  of  nuisances,  is  hereby 


City  ot-    Rochksikk  485 

authorized  by  its  duly  constituted  aj^ents.  to  enter  upon  any  real 
property  which  said  city  is  authorized  to  acquire  under  section  one 
of  this  act  and  order  the  abatement  or  removal  of  any  actual  source 
of  pollution  or  defilement  of  the  water  supply  of  said  city,  and  if  such 
order  is  not  complied  with  after  twenty-four  hours  written  notice  to  sum- 
marily abate  or  remove  the  cause  of  any  such  pollution  or  defilement, 
and  the  expense  of  such  abatement  or  removal  shall  be  a  debt  recov- 
erable by  said  city  of  all  persons  maintaining  it  or  assisting  in  its 
maintenance,      (-^s  amended  I..  1899,  CIi.  640). 

?j  4.  Watershed  bonds — For  the  purpose  of  securing  the 
payment  of  the  purchase  price  of  said  real  property  or  paying  any 
awards  made  by  commissioners  of  appraisal,  or  and  judgment  recov- 
ered, damage  sustained,  costs  or  expenses  incurred  pursuant  to  this 
act,  the  common  council  of  said  city  is  authorized,  and  it  is  hereby 
directed  to  issue  the  bonds  of  said  city,  to  be  known  as  the  "water- 
shed bonds  of  the  city  of  Rochester,"  to  run  for  a  period  not  exceed- 
ing fifty  years,  at  a  rate  of  interest  not  exceeding  four  per  centum  per 
annum,  and  in  an  amount  not  exceeding  the  sum  of  three  hundred 
and  seventy  thousand  dollars.  Said  bonds  shall  be  sold,  signed, 
sealed  and  countersigned  as  provided  for  the  additional  water  supply 
bonds  of  said  city.  None  of  said  bonds,  however,  shall  be  sold  at 
less  than  par.  The  proceeds  of  said  bonds  shall  be  paid  into  the 
city  treasury,  and  shall  be  paid  out  from  time  to  time  upon  the  order 
of  the  commissioners  appointed  under  section  one  to  the  persons 
entitled  thereto,  pursuant  to  this  act.  Said  common  council  shall 
raise  annually  by  tax  upon  the  real  and  personal  estate  subject  to 
taxation  in  said  city,  as  a  sinking  fund  for  the  redemption  of  said 
bonds,  a  sum  which  will  pay  the  interest  when  due  on  said  bonds  and 
equal  the  principal  at  their  maturit}-.  Pending  the  sale  of  any  of  said 
bonds,  said  common  council  may  borrow  money  for  the  purposes  of 
this  act  upon  the  promissory  note  or  notes  of  said  cit\-.  [  As  nmrnded 
/..  1 90 1,  Ch.  249  ). 

§  5.  Deposits  in  bank — The  several  banks,  including  the" 
savings  banks  within  the  said  city  of  Rochester,  the  Rochester  Trust 
and  Safe  Deposit  C'ompany  and  the  Security  Trust  Companv  of 
said  city,  are  hereby  authorized  to  receive  and  keep  on  deposit  at 
interest  any  moneys  raised  by  the  sale  or  for  the  payment  of  bonds 
pursuant   to  section   four,  and  each    and   every  bank   or  company  re- 


48(5  Si'KAi.M.    Laws  oi     iiik 

ceiving  such  deposits  as  aforesaid  shall  execute  and  ^ive  to  said  city 
a  bond  with  sufficient  surety  conditioned  to  save  said  city  harmless 
from  any  loss  by  reason  of  such  deposits,  said  bonds  to  be  ap|)roved 
bv  the  mayor.      (Rrpcnlcd  I..  i.S(vj.  Cli.  640). 

5;   ().     Powers  of   Hemlock   lake  commission  transferred — 

( )n  the  thirtieth  da}'  ot  June,  nineteen  hundieti  and  two.  the  powers 
and  duties  of  the  commissioners  under  this  act  shall  cease  and  shall 
vest  in  and  be  discharged  by  the  commissioner  of  public  works  of  the 
city  of  Rochester.  On  such  date  said  commissioners  shall  rile  with 
the  commissioner  of  public  works  a  complete  record  of  their  proceed- 
ings together  with  all  their  books,  contracts  and  papers  and  shall 
turn  over  to  the  treasurer  of  said  city  all  moneys  belonging  to  said 
city  which  moneys  the  treasurer  shall  deposit  to  the  credit  of  the 
Hemlock  lake  sanitary  protection  fund.  {Aihicd  hy  L.  u)02.  Ch. 
187.  §   I). 

§  7.  Acts  of  commissioners  validated — All  conveyances, 
contracts  and  options  made  to  or  with  the  commissioners  or  any  of 
them  are  hereby  validated  and  any  commissioner  is  hereby  authorized 
and  directed  to  convey  and  assign  to  the  city  of  Rochester  any  real 
property,  rights,  easements,  contracts  or  options  acquired  by  him  and 
said  city  is  authorized  to  hold  and  enforce  the  same.  ( AiLicJ  by  /.. 
1902.  Ch.  187.  §  I ). 


An   Act  to    .authokizk    ihk    isslk    ok    konds    01      tiik    k\\\    ok 

ROCHESTKR  TO  PROVIDE  .MONEY  W  riH  WHICH  ro  l>.\V  I'.ONDS 
OF  SAin  CITY  WHICH  WILL  MATURK  l^N  JaNIARV  KIK.SI.  NIN'K- 
TEKN  HUNDRED  AND  THREE,  AND  WHICH  ARE  KNOWN  \S  IHK 
WATKK     WORKS     MONDS.        (  /.    I9O2.    Ch.    556), 

Section    i.     Bonds   to  pay  water  works  loan   bonds      The 

city  of  Rochester  is  hereby  authorized  to  borrow  money  to  the 
amount  of  three  millions  of  dollars,  in  the  manner  hereinafter  stated; 
and  the  common  council  of  the  city  of  Rochester,  for  the  purpose  of 
providing  money  with  which  to  pay  the  bonds  of  said  city  heretofore 
issued  pursuant  to  law.  may,  by  a  majority  vote  of  the  members  of 
said   common    council,  on   or  before  the   twentieth   flav  f)f   December, 


City  ok   Rot  iikstkr  4^7 

nineteen  hundred  and  two,  authorize  the  comptroller  Ui  i->mic  the 
bonds  of  said  city  to  the  amount  of  three  millions  of  dollars,  running; 
for  a  period  not  to  exceed  thirty  years,  bearing  a  rate  of  interest  not 
to  exceed  three  and  one-half  per  centum  per  annum,  payable  at  such 
place  as  the  common  council  shall  designate.  Said  bonds,  when 
issued,  shall  be  signed  by  the  mayor  and  treasurer,  sealed  with  the 
corporate  seal  of  the  city,  and  countersigned  by  the  comptroller,  and 
may  be  either  coupon  or  registered  bonds,  and  shall  be  redeemable 
either  at  the  option  of  the  city,  or  if  the  common  council  shall  so 
determine,  then  the  said  bonds  shall  become  payable  in  installments 
at  the  end  of  five.  ten.  fifteen,  twenty,  twenty-tive  and  thirty  years, 
respectively.  The  proceeds  of  said  bonds  shall  be  applied  to  the 
payment  of  the  bonds  heretofore  issued  by  said  city,  known  as  the 
water  works  loan  bonds  and  falling  due  Januar}-  first,  nineteen  hun- 
dred and  three. 

5?  2.  Sale  of  bunds — The  bonds  of  the  citv  of  Rochester 
which  shall  be  issued  by  virtue  of  this  act.  shall,  as  authorized  bv  the 
common  council,  be  negotiated  by  the  comptroller  and  sold  after 
competition  u]X)n  sealed  ]3roposals.  or  at  public  sale  to  the  highest 
biflder.  but  said  bonds  shall  not  be  sold  at  less  than  par. 

(5    T..      When    in   effect — i'his  act  shall  take  effect  immediatelv. 


Acts    k.xtkndinc    waikk    main>    in  vom>    riiK    iimiin   ok    imk  cikn 

OK    ROCHKSTKR  : 

I'o  the  CoOpeiMlivf  foimdiy — L.  1SS7,  Cli.  ^5. 

To  the  Towns  of  Gates  and  Greece — L.  1S97,  Ch,  58^ 

To  the  towns  of  Brighton  and  Irondequoit — I,.  iS<)7,  Ch.  744. 

I'o  the  Plastman  Kodak  Company — L.  1S97.  Ch.  746. 

To  the  projierty  of  Kniiik  Schi-rer  in  Town  of  Ciates — I,.  i«joo.  ( 'h.  ;.!.S. 


MlSCKI.l.ANEOi:s       vers      KKI.AriM:       10      KIVKK       WD     (  WAI       HKirM;K.s. 
AND    RKI'AIkS  : 

I..  1S77.  Ch.  365 — AniLMuled  1..  1.S7.S.  Ch.  fo— .Mien  >.trfet  bridge. 

1..  1877.  Ch.  36') — Closing  Eric  canal  feeder. 

L.  187S,  Ch.  113 — Amended  1..  1870.  Ch.   2^(y — Itrown  and    Smith  '•trecl    l>ridge>. 

I..  iSSo.  Ch.  35(> — Genesee  river  frcdt-r. 


488  Si'KriAi.    Laws  oi-    riiK 


L.  iSS;,  (Jh.     J  I  —  Keniovinj;  obsliuctioiis  in  canal. 

1..  1885,  Cli.  550 — IMnnacle  avenuu  bridge,  apijropriation  for  onslriiclion. 

I..  1 886,  Ch.  396 — Amended    1..    1887.   C'h.    459 — Deepening    J.yell     and    Saxtf>n 

street  sewer. 
L.  1886,  Ch.  553 — Monroe  avenue  brid^^e,  rel)niiiling  of. 
1,.  18S7,  Ch.  229 — (Jenesee  Valley  canal. 

L.  1887.  Ch.  643 — Kowe  street  sewer,  use  of,  for  canal  leakage. 
L.  1 888,  Ch.  351 — West  avenue  bridge,  removal  of. 
I..  1 888,  Ch.  352 — Culvert  under  canal  between  9lh  and  loth  streets. 
I,.  1888,  Ch.  355 — I.yell  and  .Sa.vton  street  sewer,  re -appropriation   for  deepening 
L.  1888,  Ch.  363 — Bridges  over  Genesee  river. 

I..  1889,  Ch.  100 — Amended  L.  1890,  Ch.  177 — Caledi>nia  avenue  bridge. 
L.  1889,  Ch.  481 — Culver  street  bridge. 

I..  1890,  Ch.  345 — I.yell  and  Sa.xion  street  sewer,  re  appropriation   for  di  epening. 
L.  1S91,  Ch.  138 — Rowe  street  l)ridge. 
L.  1892,  Ch.  519 — I^ridges  over  Genesee  rivei. 
L.  1893,  Ch.     14 — Ford  street  bridge. 
I,.  1893,  ^^-  33^ — Kmerson  street  bridge. 
1..  1893,  Ch.  726 — Repairs  to  canal  wall,  appropriation  for. 
L.  1S94,  Ch.  559 — (Jrifiith  .street  bridge. 

I..  1894,  Ch.  560 — Kmerson  street  bridge,  additional  ajjpropriation  for. 
L.  1894,  Ch.  652 — West  avenue  bridge,  plans  for. 
1-.  1894,  Ch.  653 — Retaining  wall,  St.  Paul  street. 
L.  1895,  Ch.  219 — Emerson  street  bridge,  re-apjiropriation  for. 
L.  1895,  Ch.  514 — Exchange  street  bridge. 

1..  1896,  Ch.  950 — Emerson  street  bridge,  providing  for  deficiency. 
1,.  t897,  Ch.    32 — Fitzhugh  street  bridge. 
I,.  1S97,  Ch.  207  —  Monroe  avenue  bridge,  re-construction  of. 
1,.  1897,  Ch.  339 — S.  Clinton  street  bridge,  construction  of. 
I-.  1897,  Ch.  572 — E.xchange  street  bridge,  re-appro])riation  for. 
L.  1897,  Ch.  791 — Exchange  .street  bridge,  appropriation  for  completion  of. 
L.  1898,  Ch.  606 — Fitzhugh  street  bridge,  re-appropriarion  for  completion  of. 
I..  1898,  Ch.  607 — -Monroe  avenue  bridge,  re-appropriation  for  completion  of. 
L.  1899,  Ch.  477 — Fitzhugh  streetbridge,re-ap]iropriating  unexpended  balancefor. 
I,.  1899,  Ch.  549 — West  avenue  bridge. 

L.  1899,  Ch.  569 — Exchange  street  bridge,  apitrojiriation  to  jiay  deficiency  for. 
L.  1900,  Ch.419 — South  Fitzhugh  street  bridge,  appropriation  for. 
L.  1901,  Ch.  645 — I.yell  avenue  bridge,  appropriation  for. 
L.  1901.  Ch.  687 — West  avenue  bridge,  appropriation  for. 
L.  1901,  Ch.  732 — Plymouth  avenue  bridge. 
I..  1902,  t'h.  594 — Plymouth  avenue  bridge,  removal  of. 
I..  r903,  Ch.  573 — Plymouth  avenue  bridge,  appropriation  for. 


LAW'S  AFFFC   I  IN(i  (  11  lES 


NolK — TlIK  It.I.l.oWINC  TAIll.K  IKKSKNTS  VARIOlS  rK<)\  ISIONS  OK  LAW 
.pl  IMKRKST  IN  111  IKS  OK  IIIK  SK.CONH  CLASS.  SoMK  OK  THK  MATKRIAI. 
IIKKKIN  HAS  HKKN  NOTKK  IN  THIS  BOOK  KI.SKWIIKKK,  111  T  KOR  PlIHMi 
(ONVKMKM  K  •|HK^r  LAW--  AKK  ItKollHri'  HKIKIIM-.K  A  I.lll  A  It  KTIC  A I  I.V  As 
Kol.l.nUs  : 

Actions- — Sfc     nu'iiKiraiKliiiu    uii,    invols  iiii;     tity    or     ciiy    ottiicrs,     this    Ixmk. 

Aldermen — Sec  nous  as  to  powers  of,  this  book,  pp.  4:1-44. 

Armor\       Speci;il  ;ict  itlatint;  to.  in  the  citv  of   Rochester,  jiuhlished  in  full,  this 

Auctioneers  and  Peddlers     honRsii*  (  Onum  r.  e  Law.  §{}  5o-(i5li. 
Automobiles — Act    relatinn    to — \..     H(0^,    Ch.    <>25;  exceeding    speed   limit    a 

nii-iiiimanoi,  i'enal  Code,  §  66f»,  as  amended  1..   i<)02.  Ch.  2^^.. 
Bankers  and   Banks — Individual    bankers    to   file  uriificates — Hankinj;    Law. 

?;    1  J  ;   ()ij;ani/:itii)n  of  banks  in  cities,  /</.,  §  40. 
Bicycles —.Side  paths  in  .Monroe  County — L.    1.S9S,   ('h.    71;   amended    I..    i8yy, 

Ch.    i<>4:   re|)eale<l    L.    1900,  Ch.  O40.      Side    paths    in    counties,  otiier   than 

Monroe  and  Albany — L.  iSyy.  Ch.  152;  amended  L.  lyoo.  Ch.  640,  including 

Monioe    County.       Act     regulating     use     of     bicycles — I,.     1S99.    Ch.    152; 

amended    L,    ii>02.  Ch.    505.      Hicyde   races  regulated — I'enal  Code,  §  jS.^a. 

Kiding    on     sidewalks     forbidden — I'enal     Code,    §     652a:     Code    Criminal 

I'rocedure,  §  •,(>,  subdiv.    2<>.     Transportation   on    s|i-aml>oats — \,.    1903.  Ch. 

121;  on  railroads — Railroad  Law.  (j  44. 
Bonds — Official,  gi  nerally — See   note    this  Ixiok,   p.    ^10.     Municipal,  as  seciiritv 

for  the  issuance  of  bank  notes — {Ranking  Law.  §  64. 
Bone   and    Fat   Renderlnjj;— Prohibited   in  or  near  city — L.    1.S92.   i  h.    (>4<). 

(  Monnie  I  nuniy  c\,  c  pi<  il|. 

Bridice  claims  —  .Act  to  confer  jurisdiction  on  Court  of  Claims  to  hear  Rochester 
.  I.iim-.  1.    1S95.  Ch.  1017;    L.  1000  Ch.  6<>4. 

Brid}(es — city  of  Rochester  may  builil.  overCenesee  River — L.  iSSS.  Ch.  363  ; 
I  .  iS()2  Ch.  5K).  Cities  ntay  build  canal — Canal  l,aw.  §§  117.  118.  May 
vubnnt  to  people  (|uestion  of  building — fieneral  City  1-aw,  §§  70-iSo.  Ke 
iween  cities  and  town: — I..  l8i»7,  Ch.  26<),  amended  L.  tSi)S.  Ch.  5<>i.  I- 
i.S()(),  Ch.  232.  For  spicial  acts  iilating  to  canal  biidges  in  the  city  of 
l\M(  lii-ster,  see  this  book.  p.  4S7. 

Buildings — Inspection  of  scaffolding,  etc.,  by  factory  inspector — l.iil><>r  1-iw,  §  ii 
See  alsf)  index  on  •'  buildings." 

Butter — Dealers  not  to  kee|),  in  unclean  receptacles — Agricultural  l^w,  §  52. 

Canals — Citv  authorized  to  collect  licen.ne  fees  for  sales  on — (leneral  Citv 
I  aw.  §  .S' 

Cemeteries — See  note»  <ui,  this  l>ook,  j).   \.\\. 

Charitable  Institutions — Support  of  inmates — State  Constitution.  .\rt.    \lll. 
?!  I  I      I'.ivnunt^  liii  m.iintenance — I..  tSijj.Ch.  754.   See  notes  this  l>ook.  p.  2f>o. 
Chattel    MortKavres      Must  l>e  filed  with  the  county  clerk — Lien  Law.  §  >}2. 


490  Laws  Affkctinc  Citiks 


Children  —  Provisions  as  to  employment  of — Labor  Law,  §§  160-173.  Children's 
Aid  Society  of  Rochester — L.  1.S95,  Ch.  355;  amended  L.  iSgS,  Ch.  479. 
See  notes  this  book,  p.  260. 

City  Clerks — See  notes  as  to  powers  and  duties  of,  this  boolv,  j).   27. 

Civil  Service — State  Constitution,  Art.  V,  §  9,  and  Civil   Service   Law. 

Classification  of  Cities — State  Consthution  Art.  Xll,  §  2. 

Coal — Public  institutions  shall  not  use  soft — General  City  ]>aw,  !j  <;.  Reg- 
ulations for  protection  of  purchasers  of — /(/..  §§  150-157.  published  in 
full,  this  book,  p.  349. 

Commissioners  of  Deeds — Appointment  and  number  of — Executive  Law, 
t;  86;  age  of — I\iblic  ( )tficers  Law,  §3;  fees  of — Code  of  Civil  Proc, 
§  3298.  Shall  not  receive  free  passes  or  franking  privileges — State  Con- 
stitution, Art.  Xin,  §  5. 

Common  Council — See  notes  as  to  power  of,  this  book  pp.  42-44. 

Condemnation  Proceedings — Code  of  Civil  Proc,  §§  3357-3384.  As  to,  in 
ciiv  of  Rochester,  see  Inde.x  on  "Condemnation  Proceedings." 

Conditional  Sales  of  Personal  Property — Where  contract  to  be  filed — Lien 
Law,  §  113. 

Debt — City  debt  shall  be  reported  annually  to  state  comptroller  by  clerk  of  board  of 
supervisors — County  Law,  §  52.  Mayor  and  chief  fiscal  officers  shall  report 
annually  city's  financial  condition  to  secretary  of  state — L.  1903,  Ch.  347, 
published  in  full,  this  book,  p.  347.  See  notes  as  to  funded  debts  and 
municipal  bonds,  this  book  pp.  38  and  83. 

Dogs — Act  in  relation  to,  in  cities  of  the  second  class,  published  in  fvdl,  this  book, 

P-   353- 

Elections — See  memorandum  on,  this  book,  p.  327. 

Excise  Laws — Act  to  provide  for  rebate  on  certain  licenses — L.  1897,  Ch.  83. 
See  als(j  Liquor  Tax  Law. 

Fire  Department — Foreign  insurance  companies  shall  pay  tax  to  city  treasurer 
and  shall  file  bond — Lisurance  Law,  §§  i33-'37-  Volunteer  firemen  entitled  to 
exemption  certificates  upon  establishmtnt  of  paid  fire  department — L.  19C0, 
Ch.  449.  Firemen  entitled  to  free  use  of  street  railway,  telegraph  or 
telephone  while  on  duty — L.  1895,  Ch.  417.  Firemen  exempt  from  military 
duty  —  Military  Code  §  1,  subdiv.  4;  from  jury  duty — Code  of  Civil 
Proc,  §  1030,  subdiv.  13.  Firemen  moving  from  one  city  to  another 
shall  be  entitled  to  a  certificate.  General  City  Law,  §§  13,  14.  Person  con- 
victed of  felony  may  belong  to  the  fire  department — L.  1903,  Ch.  427.  For 
special  acts  relating  to  the  fire  department  of  the  city  of  Rochester,  see  this 
book,  p.  357. 

Fire  Escapes — Must  be  provided — Domestic  Commerce  Law,  §  40;  Penal  Code, 
§  447b. 

Flags  on  Public  Buildings — Display  of  foreign  flags  prohibited  without  per- 
mission—  L.  1895,  Ch.  36. 

Forgery  of  Public  Records — A  felony — Penal  Code,  §  511. 

Genesee  River — Act  as  to  floods — L.  1865,  Ch.  639,  published  in  full,  this 
book,  p.  367.  See  note  as  to  the  Genesee  river  being  a  public  highway, 
this  book,  p.  369. 

Health — Public  Health  Law — Regulations  as  to  employment  of  women  and 
children — Labor  Law,  §§  161-172. 

Horseshoers — Labor  Law,  §§  181-184. 

Hours  of  Labor  on  Street  Railroads — Limit  fixed — Labor  Law,  §  5. 


Laws  Affkctin(;  Citiks  491 


Industrial  School  of  Rochester — Act  t(^  Incorporate — L.  1857,  Ch.  457; 
amended  L.  1.SS6,  t'h.  zt-)0.  L.  1893.  Ch.  170. 

Insane — State  care  of  Insane — L.  i8go,  Ch.  126.  Stale  Asylum  at  Rochester — 
L.  1891,  Ch.  335.     See  also  Insanity  Law. 

Insurance  of  Public  Buildings — Cieneral  Municipal  Law,  §  23. 

Jurors — Act  creatiiig  commissioner  of  jurors — L.  1897,  Ch.  346;  amended  L. 
1900,  Ch.  565,  L.  1 901,  Ch.  377  (excepting  the  police  court  of  Rochester), 
L.  1902,  Ch.  408.  Fees  of  jurors — Code  of  Civil  Proc,  §§  3313,  3314,  33' 5< 
3316.  3326.      Disposition  of  unclaimed  fees  of  jurors — L.  1899,  Ch.  150. 

Legislature — Members  of.  not  to  he  appointed  to  city  offices — State  Constitu- 
tion, Art.  in,  §  7. 

Libraries — City  may  establish  and  maintain — (General  Municipal  Law.  §  24.  City 
may  contribute  to  support  of — University  Law,  §  37.  Act  to  authorize  gifts 
and  devises  for — L.  1S90:  Ch.  160;  amended  L.  1892,  Ch.  25,  L.  1896,  Ch. 
53.  Act  in  relation  to  Court  of  .\ppeals  Law  Librarv  of  Rochester — L.  i()00, 
Ch.  258. 

Life  Saving  Apparatus — City  may  erect  and  maintain — L.  1900,  Ch.  342. 
i'enaltv  for  damaging — Penal  Code,  §  674g. 

Lighting — Powers  of  corporations  in  relation  to^ — Transpcjrtation  Corporations 
Law.  §  61.  Interference  with  meters,  pipes,  etc.,  a  misdemeanor — Penal 
C^ode — §§  651-6513. 

Mayor — See  note  as  to  powers  and  duties  of,  this  book,  p.  65. 

Mechanics'  Liens — When  filed  for  public  work — Lien  Law,  §  12. 

Memorial  Day — Act  to  enable  veterans  to  participate  in  the  exercises  of.  L. 
1S95,  Ch.  220.  amended  L.  1901,  Ch.  26.  Special  act  authorizing  city  of 
Rochester  to  appropriate  money  for  observance  of,  L.  1897,  Ch.  424.  Both 
arts  ])ublished  in  full,  this  book,  p.  370. 

Midwives — Act  in  relation  to  practice  of  midwifery  in  Kochestei  —  L.  1895, 
Ch.  S42.      Published  in  full,  this  book,  p.  371. 

niiitary  Fund  —City  may  contribute  to  militarv  record  fiiiul — State  Finance 
Law.  t;   100. 

Monroe  County  Penitentiary — Special  acts  relating  to,  ])ui)lished  in  full,  this 
book.  p.  373. 

riunicipal  Corporations — netinition  of — Central  Corporation  Law.  §  3.  See 
also  Cicneral  Municipal  Law. 

•Naturalization — See  memorandum  on  elections,  this  l)ook,  j).  328. 

Obligations — Administrators,  etc.,  may  invest  trust  funds  in,  of  cily — Per- 
sonal Property  I^w,  §  9.  State  Comptroller  may  invest  state  moneys 
in — State  Finance  Law,  §  81. 

Oils — Testing,  storing  and  insjieition  of — Domestic  Commerce  Law.  §§  23-25. 

Ordinances — See  memorandum  on,  this  book,  p.  24. 

Organization  of  Cities — Legislature  to  provide  for,  etc. —  State  Constitution, 
Art.  Xll.  §   I. 

Overseers  of  the  Poor—See  notes,  this  book,  p.  260. 

Packers  of  Canned  (joods — Shall  put  name  of  city  on  labels — Domestic  Com- 
merce I  ,aw.  §   :;o. 

Parks — Act    to   authorize   gifts    and    devises   for — L.    i8()0,   Ch.    i()0;     amended 

]..  1892,  Ch.    25,    I-.    1896,  Ch.    53.      Special  acts    relating  to,    in   the    city  of 

Rochester,  published  in  full,  this  book,  p,  376. 
Pawnbrokers — Act    concerning — L.    1883,  Ch.    339  (applies    to    cities   of  over 

200,0001;  amended   L.    1884,  Ch.  363,    L.   1S90.  Ch.  240,    L.  1903,  Ch.   538. 

Act  to  provide  for  incori^oration  of — L.  189^  fi-  .1-6;   amended  L.  1895,  Ch. 


4i»'i  Laws    Afi-ka  iinc.   (_'hiks 


Pawnbrokers — Continued 

706,  1..  189(1,  Ch.  206,  L.  1902,  Cli.  7<S  (does  not  apjjly  to  Monroe  or  West- 
chester counties).  Carrying  on  business  of  ])a\vnbroker  without  a  license  a 
misdemeanor — Penal  Code,  §  353.  Hours  when  business  may  be  transacted 
—  Penal  Code,  §  355.  Refusal  to  exhibit  stolen  goods  a  misdemeanor — Penal 
Code,  §  354.  Selling  goods  before  time  is  expired  is  a  misdemeanor — I'enal 
Code,  §  355. 

Pipe  Lines — ("onstruction  across  canal — 'rrans])ortati()n  ( 'orporations  Law,  §.(4. 
Tluciunh  cities — Jd..  ^  4''-      Over  state  lines — Id.,  §  4S. 

Plumbers  and  Plumbing— vSee  note  on,  this  book,  p.  146. 

Police — Definition  of  peace  otiftcers — Code  Crim.  Proc,  §  154.  When  bail 
sluill  be  taken  by  captains  and  sergeants — Code  Crim.  Proc,  §  554.  Effect 
of  civil  service  upon — Civil  Service  Law,  §  10.  Policemen  exempt  from 
jury  duty — L.  1898,  Ch.  182,  §  187;  Code  Civil  Proc,  §  1081  ;  also  exempt 
from  military  duty — L.  1898,  Ch.  182,  §  187;  Military  Code,  §  i,  subdiv.  4. 
Shall  not  to  be  interested  in  sale  of  licpior — Liquor  Tax  Law,  §§  23a  and 
23b.  Passes  for — Railroad  Law,  §§  loiaand  loib.  Personation  of,  a  mis- 
demeanor— Penal  Code,  §§  119  and  565.  Qualifications  of — Penal  Code, 
§  119.  Police  to  aid  ambulances — Penal  Code,  §432.  May  ser\'e  war- 
rants— Code  Crim.  Proc,  §  86.  Arrest  upon  order  of  re-commitment — 
Code  Crim.  Proc,  §  600.  Shall  arrest  persons  disturbing  election  inspectors 
— Election  Law,  §  15.  Shall  arrest  violators  of  liquor  tax  law — Liquor  Tax 
Law,  §  37.  Shall  execute  judgment  of  court  of  special  sessions — Code 
Crim.  Proc,  §  725.  Duties  as  to  the  suppression  of  gambling — I'enal  Code, 
§§  337b,  349.  Shall  serve  process  for  board  of  health — Public  Health  Law, 
§  21.  Shall  serve  warrant  to  search  for  obscene  literature — I'enal  Code, 
§  320.  To  aid  society  for  prevention  of  cruelty  to  animals — 1,.  1866,  Ch. 
469,  §  7  ;  Penal  ('ode,  §  668.  To  seize  animals  unlawfully  fighting — 
]..  1875,  Ch.  97,  §  I.  Preventing  fights  between  animals — Penal  Code,  §  664. 
May  arrest  persons  guilty  of  cruelty  to  children — Penal  Code.  §  293.  Shall 
aid  society  for  prevention  of  cruelty  to  children — Membership  ("orporations 
Law,  §  72.  Aj^pointment  and  duties  of  ])o]ice  matrons — (General  City  Law, 
§§  90,  97.  Special  acts  relating  to  the  police  departnienl  in  the  city  of 
Rochester,  jiublished  in  full,  this  book,  ]).  390. 

Privileges  of  Citizens — Unecpial  discriminations  are  void — Ceneial  Municipal 
Law,  5J  27. 

Probation  Officers — .Appointment  and  duties — Code  Crim.  I'roc,  §  i  la.  as 
amended  I ..   i  003.  ( 'h.  61  3. 

Processions  and  Parades — iMirbidckn,  except  upon  notice — Ceneral  City 
Law.  §  4. 

Public  Baths — Cities  of  the  second  class  shall  niainlain — L.  i8(j2.  Ch.  473, 
amended  L.  1895,  Ch.  351. 

Public   Intoxication — See  notes  on,  this  book,  p.  263. 

Public  Mar1<et — S|)ecial  act  in  regard  to,  in  the  city  of  Rochester,  published  in 
full,  this  book.  p.  406. 

Railroads — See  Railroad  Law,  acts  and  decisions  cited  under  this  title — Cum- 
ming  and  Ciilbeil's  (leneral  Laws.  pp.  3049-3207.  Act  enabling  Rochester 
and  Brighton  Railway  Company  to  make  as.sessments  and  regulate  fares — 
L.  1865,  Ch.  754.  Act  for  relief  of  Rochester  and  Brighton  Railway  Com- 
pany—  L.  1869,  Ch.  34.  Acts  as  to  Rochester  and  State  Line  Railway 
Company— L.  1872.  Ch.  178;  L.  1872.  Ch.  185;  L.  1876,  Ch.  66;  L.  [876.  Ch. 
84.  Acts  as  to  the  Rochester,  Nunda  and  Pennsylvania  Railway  Company — 
L.  1876,  Ch.  377;  1892,  Ch.  507.  Special  acts  levying  assessments  upon  the 
Rochester  Railway  Company  for  cost  of  pavement  between  tracks,  collated, 
this  book,  p.  458. 


Laws  Aki-kctixg  Cities  493 


Real  Property — A  misdemeanor  lo  sell,  in  cities  of  the  tiisi  ,ind  second  class 
\vitho\it  written  consent  of  the  owner — Penal  Code,  §  64od  (this  law  held 
consliiulional,  in  first  de])artment,  Whiteley  vs.  Terry,  S3  App.  Div.  197; 
lOiitru,  in  second  de]5artment.  fJrossman  \s.  ("aminez,  79  A])p.  Di\-.  15.) 

Rewards — Special  act  as  to,  in  the  city  of  Rochester,  published  in  full,  this 
book,  p.  413. 

Riots — City  liable  for  damage  done  by  mobs — (leneral  Munii  ijjal  Law.  §  21. 
Prevention  or  suppression  of — Code  Crim.  I'roc,  §§  102-1  17. 

Schools — See  notes,  this  book,  p.  161.  Special  acts  relating  to,  in  the  city  of 
Rochester,  published  in  full,  this  book,  p.  414. 

Sewers — For  special  acts  relating  to,  in  the  city  of  Rochester,  see  this  book,  p.  422. 

Sheriff — Act  making  otfice  of,  in  Monrf)e  County  salaried  and  regulating 
same — L.  1902,  Ch.  490;  amended  \..  1903,  Ch.  100. 

State  Hospital  Buildings — City  shall  not  have  jwwer  over  jilans.  improve- 
ments, plumbing  or  sewerage  of — Insanity  Law,  §  15. 

State  Industrial  School — Act  to  authorize  establishment  of  House  of  Refuge 
for  juvenile  deliiKiuents  in  Western  New  York — L.  1846,  Ch.  143;  name 
changed  to  State  Industrial  School — L.  1S86,  Ch.  !;39,  amended  L.  1893,  Ch. 
470.  Removal  of  vState  Industrial  School  from  Rochester — L.  1S99,  Ch.  167; 
L.  ii)02.  (■]).  527:   L.  11)03,  Cii.  599,  p.  1368. 

Stenographers — Appointment,  (Qualifications.  (Jeneral  Duties,  Notes,  Salaries 
and  Fees — Code  Civil  I'roc,  §§  82-88,  251,  254-260,  262,  2512-2513,  2541- 
-543'  .33' '•  L.  1881,  Ch.  369,  as  amended  L.  1884,  Ch.  t,t,2.  L.  18S2,  Ch. 
173.  L.  18S2,  Ch.  325.  L.  1883,  Ch.  215,  as  amended  L.  1888,  Ch.  554. 
L.  1S84,  Ch.  -5^2.  L.  1S86,  Ch.  401,  as  amended  L.  1892,  Ch.  212,  L.  1S93. 
Ch.  258. 

Streets — Pii^e  lines   in — 'rransjiurtation  (Corporations  Law,  5j§  44,  4^  4''  and  48. 

Supervisors — See  note,  this  book,  p.  307. 

I'axation — See  memorandimi  of  decisions  relating  to,  tins  book.  pp.  1SS-190. 
Taxable  transfers  of  property  in  Monroe  countv — L.  1892,  Ch.  399,  amended 
L.  [895,  Ch.  515,  L.  i8(;6,  Ch.  ((52.  For  special  acts  relating  to,  in  the  city 
of  Kochestei,  see  this  book,  ]:>.  4^2. 

Taxpayers'  Actions — See  note  on,  this  book,  j).  ^13. 

Telegraph,  Telephone  and  RIectric  Light  Wires  and  Poles — Transporta- 
tion (  (>rpor.iiinn>  Law,  ij^j  di,  loj.  .Sre  KUitrital  .^ubwavs — Hirdseve's 
( leneral  Laws,  3d  luin.,  p,  1222. 

Towns — When  cities  considered  as — Town   Law.  §  134. 

TrustS^.XcIs  authorizing  city  to  take  estates — L.  1840,  Ch.  :;i8;  I..  iS4i,Ch. 
26.;    L.  1855,  Ch.  432. 

Veterans — (.'ommander  of   post  may  care   for — I'oor    Law.  §  Si,    as    amended 
L.  iS()8,  Ch.  337.    L.    i8i)9,  Ch.  462.     Not   to  be  sent  to  alms    house — id., 
§  So.     Preference   in  (.'ivil  Service — State  Const.,  An.  V,  §  <>;  Civil  Service  ' 
Law,  §20:   L.    1901,  Ch.  533.     Public  buildings  may  be  leased  to — Cleneral 
Municipal  Law,  §  2().     See  "Memorial  Day,"  this  table. 

Voting  Machines — C^ity  may  adopt — injection  Law.  §  163. 

Water  Supply — ,\ulhorities  may  enter  into  contract  for  purifving  ajiparalus — 
L.  1804.  (li.  667.  Protection  of  potable  supply — Public  Ilealth  Law.  §  70. 
See  notes,  this  book.  p.  ((7.  For  special  acts  relating  t.>,  in  the  <  itv  <>f  Roch- 
ester, see  this  book,  p.  4''i7. 

Weapons — No  person  under  eighteen  shall  carry — L.  1SS3,  Ch.  37  V  NLivor 
may  grant  license  to  carry.  /V/..  and  I'enal  Code.  §  410. 


TABLE   OF   CASES,   STATUTES   AND   TEXT- 
BOOKS   CITED 


Note — This    iahlk  includes  ai.i,   casks,  statutks  and  tkxt- 

I«X)RS    CI'iKD    IN     TIIK    CHARTKK     AND     SHKCIAI.     LAWS.        It    DOKS    NOT 
INCLUDE  THE   ADDITIOXAI,  STAITTES    NOTKl)    IN      I  IIK    lAllJ.K  OK    "  LaWS 

Akfectixc.  ("niKs." 


CASES 

I>A..K 

Adams    Div    (Icods   Co.  (l'eo])le  ex    rel.)    vs.    W'oodljviiy   a.s  C"oni'r.  etc., 

S8  App.  Div.  443 314 

Amsterdam  (I'eople  ex  rel.)  vs.  Hess,  i  57  \.  V.  67S 97 

Argus   Co.   (I'eople  ex   rel.)   vs.   Eresler.  70   .\pp.    Div.   294;  affirmed  171 

N.  V.  302 26.41 

Armitage  vs.  Fisher,  74  Hun    167 24 

Arthur  vs.  Cohoes,  56  Hun  36;  affirmed  134  N.   V.  5iS9 105 

Ashton  vs.  Ciiy  of  Rochester,  133  N.  V.  187 220,  315 

Atlas  Iron  Construction  Co.  (in  re)    19  App.  Div.  415 189 

Habcock  (In  re)  52  llun    142 1S9 

Habcock  (In  re)  1 1  5  N.  V.  450 188 

Haird  vs.  Heifer.  1  2  App.  Div.  23 281 

Haker  vs.  City  of  Rochester,  24  Ap)i.  Div.  383 380 

Harhite  vs.  Home  Telephone  Co.,  50  App.  Div.   25 316 

Harnes  vs.  City  of  Brooklyn.   22  App.  Div.  520 315 

Harnett   (People   ex    rel.)    vs.    Johnston,    38    Misc.  645;  affirmed   75   .\pp. 

Div.  630 73-  3-5 

Heaudrias  vs.  Hogan,  16  App.  Div.  38 286 

Hell  vs.  City  of  New  York.  66  App.  Div.  578 188 

Hell  vs.  City  of  Rochester.  61  St.  Rep.  721 220 

Hell  vs.  City  of  N'onkers,  78  Hun  196    32 

Hell  vs.  Leggett,  7  N.  ^■.  176 45 

Bird.sall  vs.  Clark,  73  N.  \'.  73 3'4 

Hirge  vs.  Herlin  Iron  Hridge  Co.,  133  N.  \'.  477   39,  84 

Bliel  (People  ex  rel.)  vs.  Martin,  131  N.  Y.  196 403 

Hliss  vs.  Lawrence,  48  How.  I'r.  21.  58  N.  Y.  442 86 

Hrady  (I'eople  ex  rel.)  vs.  Martin.  145  N.  Y.  253  403 

Brooklyn  (City  of)  vs.  Nas.sau  El.  R.  R.  Co.,  38  .\p\>.  Div.  365 24 

Hrooklyn  (City  of)  vs.  Nodine,  :<<   IIuii  512 24 


Tahik  ok   Casks   C'riKi>  495 

Ha.;i: 

Muckout  vs.  City  of  New   ^'ork,  i  76  N.  \ .  363 z}t^ 

Kuffalo  City  Cemetery  vs.  Buffalo,  46  N.  V.  506 343 

Buffalo  City  Cemeterj'  vs.  Buffalo,  43  llun  127;  atifirmed  1  iS  N.  N'.  61  ..  343 

Buffalo  (City  of)  vs.  Collins  Bakinj^  ('o.,  3<;  .Vpp.  Div.  432 24 

Buffalo  (City  of)  vs.  N.  V.  L.  E.  &  \V.  R.  K.  Co..  152  \.  V.  27'. 24 

Buffalo  (City  of)  vs.  Schlieft-r,  51  ."^t.  Rep.  5S 24 

Butts  vs.  City  of  Rochester.    1   Hun  59S 189 

B\itts  \s.  City  of  Rochester,  ^7  .A])]!.  IHw  621    55 

<'ain  vs.  Warner.  45  App.  Div.  450 3if> 

iarnahan  (I'eople  ex  rel.)  vs.  Kdgerion  (not  re])orted) 316 

("arthaji;e  (Village  of)  vs.  Frederick,  122  N.  \'.  268 24 

<artniill  ( l'eo])le  e.\  rel.)  vs.  City  of  Rochester,  44  Hun  166 316 

Castle  vs.  Bell  Telephone  Co.,  49  App.  Div.  437 416 

Central  Trust  Co.  vs.  N.  V.  C.  K.  R..  1 10  N.  V.  250 iS<j 

C  hapman  vs.  City  of  Rochester.  1  10  N.  \' .  273 95 

I'lenienti  vs.  Jackson,  92  N.  V.  5(^1    203 

Coffin  vs.  Brooklyn.  1 16  N.  ^■.  159 203 

<  ohen  vs.  Mayor,  113  N.  \ .  532 105 

<"ol.  Ins.  Co.  (In  re)  3  Abb.  Ct.  Apj).    Dec.  239 1S9 

( 'onklin  vs.  N.  V.  ().  &  \V.  R.  R.,  102  N.  V.  107 220 

(Consumer's  (las  Co.  vs.  Consumer's  Spring    (."o.,  61   Hun  133 24 

<"(>n\vay  vs.  City  of  Rochester,  157  .\.  \'.  33 108 

Coughlin  (People  e.\.  rel)  vs.  Cleason.  121   N.  N'.  621 45 

<'ra\vfortI  vs.  City  of  New  \'ork.  68  App.  I  )i\ .  1 07   314 

Cromwell  vs.  McLean.  123  N.  \'.  474 203 

Cronin  \  s.  People,  82  N.  \'.  318 24,  146 

Cumisky  (People  e,\  rel.)  vs.  W'orster,  14  App.  Div.  556 24 

<'urtiss  (People  e.\  rel.)  vs.  City  of  Rochester.  ;t  N.  ^■.  ,07 55 

<'uH<r  vs.  Mayor.  <,2   S.  \' .   \i>(, _•  ',S 

I  )avidson  \  s.  Budlong.  40  I  lun    24  ^ ',15 

Del.,  I..  &  \V.  R.  R.  vs.  Buffalo.  65  Hun  464 30 

Demarast  vs.  Mayor.  147  N.  \'.  203 25 

Detmold  vs.  Drake.  46  N.  \  .  318 :  ^8 

De  Witt  vs.  Brisbane.  i()  N.  ^  .  51  2 15 

Dickins<jn  vs.  (  iiy  of  Poughkeepsie.  -^  S.  \' .  (>•, 38 

Donnelly  vs.  City  of  Rochester,  42  .\pp.  Div.  624;   reversed  ifrfi  N.  \'.  315  315 

Donovan  vs.  Mac  Alpin.  85  N.  ^".  18^ 314 

Duryee  vs.  Mayor.  >/>  N.  ^■.  477    24 

Kverer  vs.  N.  \  .  ( '.  \   M.  R.  R..  41   .St.   R.  |>.   488 IOf>.  122 

l-.lliot  (  Peop'e  e.\  rel.)  \  s.  Webster  (not  reported) 264 

Kllison  \s.  Allen.  30  N.  ^■.  Supp.  44  1 3S8 

Klsner  (Matter  of)  8(»  Apj).  Div.  207 190,  247 

Klwood  vs.  City  of  Rochester.  43  Hun  102  ;  affirmed  122  N.  V.  22it  ..56.121.  238 

Knsign  vs.  Parse.  107  N.  V.  32W i8i; 


490  TAr.i.K  OK  Casks  Ciikd 

Eversoii  vs.  City  of  Syracuse,   29  linn  4S5 1  SS 

Filer  (Matter  of)  1 1  Abb.  N.  C.  107   1  ::4 

Fitch  (People  ex  rel.)  vs.  Lord,  9  App.  Div.  45S 447 

Ford  vs.  Standard  Oil  Co.,  32  App.  Div.  596 24 

Fort  Edward  (Village  of)  vs.  Fish,  1  56  N.  \'.  36;, 38 

French  vs.  City  of  Rochesler,  79  App.  Div.  645;  athrmed  175  N.  V.474.  .  S6 

Frifs  vs.  N.  V.  C.  &  H.  R.  K.  Co.,  1 69  N .  V .  270 95 

Ciaffigan  (People  ex  rel.)  vs.  Rickerson.  56  Ai)p.  Div.  5iS<S 105 

Gage  vs.  Village  of  Hornellsville,  106  N.  ^■.  607 314 

Gas  Company  (People  ex  rel.)  vs.  Feitner,  5S  .\pp.  Div.  555 1  SS 

Gleason  vs.  Peerless  Mfg.  Co.,  i  App.  Div.  257  ;  affirmed  163  N.  V.  574.  .  33 

(iranl  vs.  Citv  of  Rochester,  79  App.  460;  affirmed  175  N.  \'.  473   S6 

(iravelin  (People  ex  rel.)  vs.  Ham,  59  App.  Div.  314 1  29 

Griffin  (People  ex  rel.)  vs.  Mayor  of  Brooklyn.  4  N.  Y.  419 190 

Guilford  (Town  of)  vs.  Supervisors,  13   N.  V.  145 190 

Hagner  vs.  Hall.  10  App.  Div.  581 1S9 

Haight  vs.  Mayor  of  New  York,  99  N.  V.  2S0 ii>2,  245 

Hammersley  vs.  Mayor,  56  N.  V.  533 23s 

Hapfel  vs.  lilessing,  37  Misc.  47    101 

Hassan  vs.  City  of  Rochester,  65  N.  Y.  516 236 

Hassan  vs.  City  of  Rochester,  67  N.  Y.  52S 244 

Hatch  (People  ex  rel.)  vs.  Lantry  as  Com'r.  etc.,  SS  App.  Div.  3S3 315 

Halzung  vs.  C'ity  Syracuse,  92  Hun  203 1S9 

llayden  (People  ex  rel.)  vs.  City  of  Rochesler,  50  N.  Y.  525 349 

Heisler  vs.  New  York,  104  N.  Y.  68 --O 

Hermance  (People  ex  rel.)  vs.  Diederick.  i  58  N.  ^■.  414 iSq 

1  loffeld  vs.  Buffalo,  130  N.  Y.  387 2^0 

Holland  House  Co.  vs.  Baird,  169  N.  Y.  136 <)5 

1  lollister  (Matter  of)  41   Misc.  559 220 

Hooker  vs.  City  of  Rochester,  57  App.  Div.  530;  affirmed  172  N.  Y.665.  .225,  228 

Horion  (People  ex  rel.)  vs.  Fuller,  41  App.  Div.  404 2')0 

Howe  vs.  City  of  Rochester,  86  Hun  3 329 

Iluffmeyer  vs.  Ciiy  of  Brooklyn.  162   N.  Y.  584 95 

Hughes  vs.  Citv  of  .\ubnrn,  161   X.  N'.  96 95 

Hun  (Matter  of)  144  N.  Y.  472 '89 

Hunt  vs.  City  of  Oswego,  107  N.  \ .  629 3'4 

Hutchinson  vs.  City  of  Rochester,  92  Hun  395 iSij.  249 

Ithaca  vs.  Cornell.  75  Hun  425 '89 

Jenny  vs.  City  of  Brooklyn,  i  20  X.  ^■.  164   V5 

Johnston  vs.  Dahlgren,  3  1  -App.  Div.  204   '4^' 

Joslyn  vs.  City  of  Rochester.  66  .\pp.  Div.  6::^   220,  321 

Kelley  (People  ex  rel.)  vs.  Scott,  86  llun   i  74 '4^' 

King  vs.  New  ^■ork.  102  X.  Y.  i  71    --* 


Tai'.i.k  of  Cases  ("itkk  497 

1'a<;k 

Kingsland  vs.  New  York.  39  Si.  Rep.  433 22S 

Kirk  vs.  McGuire,  32  Misc.  596 30.  S4 

Kneib  vs.  People,  6  Hun  238 24 

Knowles  vs.  City  of  New  York,  176  .\.  \'.  430 314 

Kronsbein  vs.  City  of  Kocliester,  76  Apj).  I)iv.  494 .)9'  ^^4-  'oS 

Lardncr  (People  e.\  rcl.)  vs.  Carson.  10  Misc.  237  ;  alitirmed  1  55  .\'.  V .  491  .  .  2S5.  32S 

Leighton  vs.  Leighton  I^ea  Assn.  (not  reported)    1S9 

l.ighton  (People  e.\  rel.)  vs.  McGuire,  31  Misc.  324 64 

1  .itchfield  vs.  McComber,  42  Barb.  2cSS 1.S9 

Little  vs.  City  of  Rochester,  17  Wk.  Dig.  513 225 

i,ittle  vs.  City  of  Rochester,  87  Hun  493;  atifirmed  156  N.  \ .  667 250 

l/)omis  vs.  City  of  Little  Falls,  66  App.  Div.  305 i8<j 

I.ydden  (People  ex  rel.)  vs.  Webster  (not  reported) 264 

I  ,ynch  vs.  New  York,  76  N.  ^'.  60 220 

.Marsli  vs.  Town  of  Pittlc  Valley,  64  X.  \'.  112 .v*^-  ^3 

Martineau  vs.  Rochestur  Ky.,  Si  Hun  263 316 

.Mayor  vs.  Broadway,  etc.,  Ry.  Co.,  q-  N.  Y .  275 25 

McDonald  vs.  Mayor,  68  N.  ^■.  23 .v"^-  .1" 

McGee  vs.  lirooklyn,  144  N.  \'.  265 228 

McHarg  (Peo])le  e.\  rel.)  vs.  Gaus,  169  N.  Y.  19 i8q 

McKee    Land    Co.    vs.    Williams    as   treasurer,   etc.,  63   App.    Div.    553: 

affirmed  1 73  .\'.  Y.  630 43<;.  447 

McLoughlin  vs.  Miller,  124  N.  \'.  510 223 

McMahon  vs.  Beekman,  63  How.  Pr.  427  18S 

Mercer  (People  e.\  rel.)  vs.  Maynard,  7  Misc.  295 1S8 

Miller  (People  e.\  rel.)  vs.  j'eck,  73  App.  Div.  S9 1  2(> 

Miller  vs.  Warner,  42   App.  Div.  208 3ifi 

Moffett,  Hodgkins  &  Clark  Co.  vs.  City  of  Rochester.  S2  Fed.  Rep.   255  : 

reversed  C.  C.  A.  319;  C.  C.  .\.  reversed  1  78  U.  S.  Rep.  373.  ^    ;i5 

.Monroe  (County  of)  vs.  City  of  Rochester,  i  54  N.  \'.  570 36 

Moore  vs.  City  of  .\ll)any,  98  N.  N'.  407  ...  -•20 

Morris  vs.  Havs.  14  -\pp.  Div.  8 289 

Neal  vs.  City  <il   Rochester.  156  N.  ^'.  i>7 <»7 

Nechamcus  (People  e.\  rel.)  vs.  Warden.  144  N.  ^'.  530 146 

New  \'ork  (In  re  extension  of  Church  Street  in  City  of),  49  Barb.  453.  •  .224.  22S 

N.  N'.  C.  &  H.  R.  R.  vs.  City  of  Rochester.  1  27  N.  Y.  391    <)5 

Noriliern  Trust  Co.  (In  re)  vs.  City  of  Rochester  (not  reported) 230 

Noycs  (People  e.\  rel. I  vs.  Board  of  ICducalion,  ;,  App.  Div.  zn^ 163 

<  )'Connor  vs.  Walsii  as  Mayor,  83  Ajip.  Div.  1  70 313 

Oakhill  Cemetery  Assn.  (People  e.x  rel.)  vs.  Pralt.  1  2<>  N.  Y.  f>S 30.  343 

Paine  vs.  Village  of  Delhi,  i  i*>  X.  \  .  224 93 

Palmer  vs.  City  of  Syracuse,  67  .\pp.  Div.  267 321 

Patterson  vs.  Binghamton,  88  Hun  272 228 


4!IS  Taiu.k  <)I    ("\.sk>   CriK.i) 

Patterson  vs.  Patterson,  59  N.  ^".  574 ji  5 

I'cck  vs.  Belknap,  130  N.  \'.  394 313 

Peene  (People  ex  rel.)  vs.  Carpenter.  31    App.  I)iv.  (>o;\ 3^<  ^.3 

People  vs.  lirooklyn,  23  Barb.  1 66 1  oS.  1 2 1 

People  vs.  Brooklyn,  1  1  i  N.  ^'.  505   97 

People  vs.  City  of  Syracuse.  7S  N.  ^■.  ^6 2  ■J*. 

Peo|)le  \s.  lOwel,    14  I    N.  \'.    I2<) 65 

People  vs.  Fitch,  14S  N.  V.  71 • iSS 

People  vs.  French,  1 02  N.  Y.   5.S3 263 

People  vs.  Ixjwher,  7  Abb.  Pr.  i  5.-1 315 

People  vs.  Mulkins,  25  Misc.  599 263 

People  vs.  Putnam.  3  Parker's  Grim.  Rep.  3S6 263 

People  vs.  Steinholz,  Monroe  County  Court  (not   reported) 315 

Pierce  (In  re)  vs.  Board  of  Education  of  Rochester,  84  N.  \'.  Sujip.  1  141  ; 

alifirmed  by  Court  of  Appeals 315 

Polinski  vs.  People.  1 1  Hun  390;  affirmed  73  N -^  ■  55 25,  146 

Pougbkeepsie  (City  of)  vs.  (^uintard,  136  N.  \'.  275 39.  S3 

Powers    (People   e.x    rel.)    vs.    Kalbfleisch,    25   App.   l)iv.  432 ;  ajjpeal  dis- 
missed, I  56  \.  V.  67S 1 92 

Pryor  vs.  City  of  Rochester,  166  N.  \'.  548 2,  35,  62,  86 

Kcniscn  vs.  Wheeler,  103    N.  \ .  ^73 223 

Ritzenthaler  (People  ex  rel.)  vs.  Higgins,  151   N.  \'.  571 264 

K.  &  H.  \'.  R.  R.  Cf).  vs.  City  of  Rochester.  17  Ap]i.    I)i\.   257;   modified 

163  N.  WCoi^ .' " 316 

Rochester  (City  of)  vs.  Bell  Telephone  ("o..  52  App.  l)i\.  <>;   trial,  opinion 

Hancock,  referee  (not  reported) 316 

Rochester  (City  of)  vs.  Campbell.  123  N.  ^'.  405 316 

Rochester  (City  of)  vs.  Close,  35  Hun  20S 50 

Rochester  (Citv  of)  vs.    Kapell,  86    Ap]).  I)iv.  224;    aflirnied    bv    Court  of 

Appeals 189,  257 

Rochester  (Cily  of)  \s.  Montgomery,  72    N.  \'.  ^5 316 

Rochester  (City  of)  vs.  (Jsbom,  5  Lans.  37 153.  369 

Rochester  (City  of)  vs.  Rush,  90  N.  V.  302 97 

Rochester  (City  of)  vs.  Simpson,  57  Hun  36;    reversed  134  N.  N".  414  ..  .  316 

Rochester  (('ity  of)  vs.  West,  164  N.  V.  510 316 

Rochester  (In  re)  1 10  N.  \'.  i  =;<> -28 

Rochester  (In  re  application  of  City  of)  48  St.  Rcj).  358 391 

Rochester  (In  re  application  of  City  of)  137  N.  V.  243 37<).  3<>i 

Rochester  (In  re  application  of  City  of)  S  App.  Div.  609 379 

Rochester  (In  re  application  of  City  of)  31    St.  Rep.  75 379.  380 

Rochester  (In  re  widening  of  .South  St.  Paul  Street  in  the  city  of)  85  Hun  473  228 

Rochester  (Matter  of)  66  N.  \  .  413   225 

Rochester  (Matter  of  city  of)    vs.    Bloss.   77    .\pp.    Div.   28;  affirmed    173 

N.  V.  4<> '95 

Rochester  (Matter  of  cily  of)  57  App.  Div.  634 3i'> 


Tai'.i.k  ok  Ca^ks  (iikI)  499 

K(>clle^ler  (Matter  of  «  ity  of)  40    ll<in5SS ;5lO 

Rochester  (l'eo|)le  ex  rel.)  vs.  Coe,  157  N.  \.<>-8 i»7 

Rochester  (I'eople  ex   rel.)   vs.   DeWitt.   59   App.    l)iv.   49^;  atiirmed    167 

N.  V.  575 ; ' .,7 

Rochester  &    I,ake   Ontario    Water  Com])any   vs.   Citv  of   Rochester,  1X4 

.'\pp.  Div.  71  :  affirmed  176  N.  \'.  36 .  .  .1^7,  105.  r  13 

Rodgers  (I'eople  ex  rel.)  vs.  Coler,  166  N.  ^'.  1  .  .  .  314 

Roe  vs.  City  of  Rochester  (not  reported) 458 

Roth  vs.  City  of  Rochester.  90  Hun  606 316 

Rundell  vs.  I.akey,  40  N.  ^'.  513 1S8,  189 

Ryan  vs.  Aldridge.  83  Hun  279 316 

Ryan    vs.    City   of    New    York.   7S    A|ip.  Div.    134;  artirmed   by  Court   of 

Appciil-                                                                         314 

Sargent    vs.    Hoard  of  Education  of  the  City  of   Rochester.  35  .Misc.  321  : 

76  Ajjp.  Div.  5SS;  affirmed,  Court  of  Appeals   315 

Savage  vs.  Huffalo.  45  A.  1..  J.  364 245 

Schneider  vs.  City  of   Rochester,  S  Misc.  652;    reversed  «^  Hun   171: 
appeal  dismissed.  155  N.  N'.  6iq;  ^^  App.  Div.  45S:   reversed  i<^>oN.  \". 

'^5 230 

Schomer  vs.  City  of  Rochester,  15  Abb.  N.  C.  57 316 

Sedgwick  vs.  Stanton,  14  N.  \'.  29S 45 

Shorten  (Peole  ex  rel.)  vs.  Markell,  20  Misc.  149 2C>^.  274 

Sims  vs.  Brookfield,  1 3  Misc.  569 1 1 S 

Skelly  (People  ex  rel.)  vs.  (irant.  52    Aj)]).  Div.  635 325 

Smith  vs.  Buffalo,  </5  Hun    1  iS 189 

Smith  vs.  Cornell,  111   N.  \ .  554 1S9 

.Smith  vs.  Mayor,  66  N.  \'.  2i;5 95 

.Smith  vs.  City  of  Newburg,  77  N.  \".  130  .  .  3S 

Smith  vs.  City  of  Rochester.  92  N.  V.  463   .  .  97 

Spain  (People  ex  rel.)  vs.  Coyle.  55  App.  Div.  22]^  1  2<» 

Spier  vs.  City  of   Brooklyn,  139  N.  \'.  6 25 

.St.  Vincent,  O.  .\.  vs.  Troy,  76  N.  \'.  loN  105 

.Siearns  vs.    Tew,  6  Misc.  404 146 

Stemnder  vs.  Mayor,  45  App.  Div.  57?.  314 

Stimson  vs.  VVrigley,  86  N.  V.  333  iS-S 

Story  (In  re)  8  St.  Rep.  431 238 

Sweenev  (Peo]>le  e.\  rel.)  vs.  .Stnrgis,  7S  .\pp.   I>i\.  4(>o.  514 

Teiratc  (In  re  taking  of  the  fee  of   the)  30  -St.  R<p.  270  22S 

Terrel  vs.  Wheeler,  123  N.  N'.  76 |S<) 

Torry  vs.  Willard,  55  Hun  78 i8q 

Tillinghast  vs.  Merrill,  151   N.  V.  135 314 

Trimnur  vs.  City  of  Rochester,  130  N.  ^'.  401 254 

Troy  &  Boston  R.  R.  Co.  vs.  l^e,  13  Barb.   169 228 

Truesdale  vs.  City  of    Rochester.   ^ ;  H\in  574 33 


50(1  Table  of  Casks  Ciik 


Union  &  Advertiser  (People  ex  rel.)  vs.  lioard  of   Supervisors  of   Monroe 

County,  60  Hun  32S   4 ' 

Uppington  vs.  City  of  New  \'orl<,   1(15  .\ .  \'.  222 95 

Utter  vs.  Ricliniond.  112  N.  V.  61  o 22<S 

Van  Uevender  vs.  J.onj;  Island  City.  139  N.  V.  133 252 

Veith  (Matter  of)  165  N.  V.  204 i.SS 

^\■.  N.  \'.  &  1'.  K.  R.  (People    ex  rel.)  vs.  Adams,   SS    Hun    122;   affirmed 

147  N.  V.  722 2-0 

Wallace  vs.  Mayor,  ^3  App.  Uiv.  187  ;  affirmed  165  N.  V.  65S 321 

Wanamaker  vs.  City  of  Rochester,  44  St.  Rep.  45;  affirmed  137  N.  \'.  529  315 

Wells  vs.  Town  of  Salina,  1 19  N.  Y.  2.S0  84 

Werner  vs.  City  of  Rochester,  77  Hun  33;  affirmed  159  N.  \'.  563    315 

Wilcox  vs.  City  of  Rochester,  129  N.  \.  247   iSS 

Yoos  vs.  City  of    Rochester,  92  Hun  481  :   affirmed  159  N.  N'.  541 3i<') 

Young  vs.  City  of  Rochester,  73  App.  Div.  81 25 

Zeese  (People  ex  rel.)  vs.  Masten,  79  Hun  580    260 

Zeigler  vs.  Corwin,  j  2  App.  Div.  60 281 


Constitution. \i.   l^i<o\  iskjns  Cited  501 


UNITED   STATES   CONSTITUTION 

Ha<.i- 
Amendments,  Aiticle   XI\'.  ijvj    i.    2 330 


STATE   CONSTITUTION 

Aim  nil-  Sia  iioN  Hai.i-. 

I-                                  ^                                    325 

1-           7 22s 

U.          1-6           32S 

11-           •           330 

111.  7-«          311 

III.       1-9,  iS.  27.  2.S        32S 

III.            7            65 

III.  S            65 

IV.  13.7        33^ 

V.  1.2,7           33S 

\'\.           I,  2,  4.  7,  S,  10- 1 <S,  22    32.S 

VI.            iS            207,  2S1,  2S: 

VII.           4            3-S 

VIII.           10            39.  S3 

\'m.        14         260 

IX.           4           3'5 

\.                 2                 65 

X.           3           ^4 

X.           S           .^3- 

X.  i-S            32S 

\ .            6            ,S4 

XII.            2            2 

XII.           3            32«.  3^') 


XIII. 


jj3 


XIII.  1-4,6  32S 

XIV.  i-T  ;2S 


O0!> 


(iKNKKAL     Laws  Ciikd 


GENERAL   LAWS 


I, AW        CuAHTliK  Si'XTloN 

Agricultiival    Law ''"^93  33^  3- 


Pa(;f. 
146 


Hanking  Law 1 892  689 


64 


83 


Canal    Law 

Civil  Service  J-aw 


1894 
1900 


33'^ 
195 


117,  1  iS 


10 


42 
65 


Domestic  Commerce   Law.  1896  376 

1896  376 

1896  376 

1896  272 

1896  272 

1896  272 


Domestic    Relations  Law 


14-17 

-7 
40 
I  I 
I  ^ 


308 

43 

(17.  J  37 

44.  65 

-7 

44,  66,  260 


Election   Law 


Executive    Law  .  . 
(ieneral   City  Law 


.  1892 

,  1896 

,  1896 

1896 

1896 

,1896 

1896 

1896 

1896 

1896 

1896 

,1892 

.  1900 
)  900 
1900 
1900 
1900 
1900 
1900 
1900 
1900 
1900 


680 
909 
909 
(;09 
909 
909 
909 
909 
909 
909 

909 
683 

3-7 
327 
327 
327 
327 
327 
327 
327 
327 
327 


34 

62 

I  lo-i  12 

'63 

1 63- 1 66 

178 

86 


4 

5-7 

'3 

8 

9 
'3>  14 
30-35 


327 
27.  327 

329 
332.  333 

65 
27-  33° 

44 

33^ 

329 

44 

33' 

65 

307 
44,  45,  66,  31C 

'3' 
43'  69 

367 

43 

43 

137 
2,43 

65 


(Jknkkai,   La\\>   ('iiko 


:)n8 


( it  neial   Ciiv  L;i 


I.AU 

1900 

1 900 

1 900 

1 900 

1 900 

1 900 

"  "  "     K^OO 

"  "         '•    1900 

"    1900 

('■(neral  Municipal   Law  .  .  .  1  .S92 
''  "  ••     ...1S92 

"  "  "...  I S92 

"  "  "...  I  S()2 


I  lif^li  way    ]  .aw 


ln.>iiiraiice    Law 


I  S90 
I S90 

.  I  S<,2 


I  .ahor    I  ,aw 1  .S()7 

•'     '^07 

•■     '^07 

l^-gi.slati\  e  Law 1  S92 

•■     iS<*2 

1 892 

I  .iqiior   Ta.x   1  ,aw 1  Si/) 

Military    Code 1  S<)S 

••       KS9S 

1S9.S 

'•       |S<,S 

iS<,S 


J-/ 
.3-7 
3-7 
.1-7 
.5-7 
.5-7 
327 
3-7 
3-7 
6S5 

r..S5 

6Ss 

6.S5 


Skc  riMN 

40 

■)0-57 
54 

70-So 
90,  91 

(;0-97 

120 
12  r 
'57 
4  "* 


26 


34.  56.  97 


66 
146 

.S4 

43 

66 

127.  132 

43.  84 

65 

^'5 
3«.  S3 

109 

105 
43.  '05 

107 


56S      163.  166.  i(\().  i6()a.  1^)1)1) 


r)()0 


'33  >3''> 


415 

i'> 

57 

4' 5 

1  72 

I4( 

4"  5 

K. 1-173 

26c 

AS  2 

46 

6() 

('vS2 

4<^ 

27 

6S2 

64 

67 

112 

40 

262 

212 

1 .  Mibiiiv.  4 

130.  1 

212 

24 

-7 

212 

9 

6r. 

212 

S6 

66 

2  i  2 

1  ^2 

66 

I'lmr    l,a\N I  S()6 

"     1896 

rnhlii     lltallh    I.;i\\ ^^'t.y 

"       1S1/3 

|S()3 

I'ublic  ( )fficers   l^iw \S<i2 

'•      iS<;2 

"      iS.,2 


1S92 
I  So: 


--3 

661 
(,(,1 
f-Si 
()Si 
C.Si 

(,S  I 
(.Si 


Si 
2032 


').  56  259 

-7 

142 

'44 

')7 

70.  93.  143.  .503 

27.  62.  66,  70,93.  12;. 

282.  303.  J34 

70.  93,  125,  304,  310 

'•2.  70.  125.  2.S2.  303. 

304.  3'0-  334 

39.  63.  335 


504  (iKNKKAi,    Laws   C'iikh 


I.AU          t'llAKIKK  Si'XTION  PAtiK 

Kiiilroiul  l.a\v 1S90  565  60-69  ^'^' 

"           "     1890  565  91,  1 20  66 

"           "     1S90  565  9S  loS 

"     1 S90  565  1 20  66 

Real  I'roperty  l^w 1S96  544  24S,  249  66 

ReligiousCorporations  l,:i\v  1S93  723  S  343 

State  Charities  l^aw 1S96  546  120  260 

Tax  I  -aw i  S96  908  .....  i  S9 

"       "     1S96  90cS  36,  3S  27 

'I'own    Law 1890  569  65  307 

"    I'^^yo  569  134  44 

Transportation  Corps.  Law  1S90  566  44-46,48  97 

"                   '•         "       1S90  566  139  107 


Laws   ("itkd 


0(1.) 


STATUTES   OTHER  THAN  GENERAL   LAWS 


iSi;, 

i.SiS. 
182.S. 
1S47. 
1S4S. 
rSsS. 
1.S65. 
1S67. 
.Sr.9. 
1.S70. 
1S72. 

>«73- 
1S74. 

US75. 

1876. 

1S79. 

iSSo. 

1880. 

1880. 

I S80 . 

t88o. 

1881  . 

1881  . 

1 88;,. 

1884 

1884. 

1885. 

1885. 

i88<). 

1887. 

18.H7. 

1887. 

1888. 

1888. 

1888. 

1888. 

1888. 

|88<». 

18S., 


(R"-visrcl  Laws,  Van  Nes 
&  Woodworth)  .  . . . 


47 

5' 

250 

'33 
3'9 
188 

639 
744 
727 
760 
616 

45- 

463 

206 

igf. 

3'o 

>4 

>4 

«4 

,/, 

554 
48r, 

53' 
375 
107 

43>' 
-7 
1^)8 

5''3 

33 
614 

^•73 
8f. 

"'3 
i.>8 

86 
4<X) 

4  10 


45 


70.  IJ4 


369 
370 
370 

343 
422 
263 

43.  '53 
66 

43-  342 

43.  3A- 

66 

43-  34- 

274 
43-  342 

2S0 

343 
305 
162 
280 
43 

'25 

3n 

67.  132 

215.  21., 
6() 
•83 
43 
128 

490 

'30 

3' 3 

327 

')') 

43 

43 

337 

L'»o 

43 


504. 


;)(l(; 


L.WV.s  (.'ITKI) 


I.AU 

1 890 . 
1 8c)o . 
I S90 . 
iS{)o . 
1S92. 
.892. 
1S92. 
1892. 
1S92 . 
1 892 . 
1893. 
1893. 
1893. 
1893. 
1 894 . 
1 894 . 
1894. 

1 894 . 
1894. 
[  894 . 
.894. 
1894. 
.895. 
1895. 
.895. 
1895. 
1895. 

'895- 
1895. 

.895. 

1 895 . 
1895. 
1895. 
1896. 

1 896 . 
1896. 
1896. 
1896. 
1897. 

1897- 
1897. 
1897. 
1897. 
1897. 
1S97. 


lAi'ii-u     Si:cii()N              PAt;K 

Uk> 

399 

262 

3-7 

32  I 

.5-7 

561 

2,Sl,  285 

25 

399 

301 

ir^ 

378 

66.  161 

473 

146 

5.S 

43-  34:: 

51') 

43 

22S 

343 

364 

260 

594 

13- 

720 

70.  124.  125.  304,  310 

4 

399 

15 

124 

28 

-«5 

124      ... 

•«3 

524 

'3^' 

556 

161,422 

5<9 

130 

667 

97 

36 

67,  105 

124 

.183 

.78 

7" 

1 7S 

124,  125,  304.  310 

.i5' 

■  46 

417 

67.  .32 

754 

43,  84,  260 

604 

33>^ 

792 

.Vh  ^3 

927 

27,  328 

•^37 

1 36 

53 

39') 

511 

h3 

696 

■.)^' 

873 

146 

910      .... 

321 

346      

2f)6 

424 

<^5 

55'      

328 

577 

45-S 

5«3 

490 

743 

260 

744      

490 

La\v>  Ciiki* 


50 : 


I,  AW 

1897, 

1897. 

I.S9S. 

IS98. 

I  898  . 

1898. 

1898. 

1898. 

IS98. 

1898. 

1898. 

1898. 

1898. 
1898. 

1899. 

1899. 
1899. 
I  899  . 
I  899  . 
1899. 
1899. 
1899. 
.899. 
1899. 
I  S99  . 
1899. 

i8(/^. 
1899. 
1 S99 . 
1 89V. 
1899. 
1899. 
r899. 
l8(;9. 
1899. 
1 900 . 
1900. 
1 900 . 

KjOO. 
I  900  . 
I  900  . 
I  90c. 
I  900  . 
I9OI  . 
I()OI  . 


HAi'ii  1:     Ml  1 

1..N                     I'vi.l 

746 
7S4 
141 

490 

314.  3=7.  328.  305 
66 

IJ'I 

3-7 

54,1 
18.- 

43 
157.  280 

38 
570 

.83 
183 

543 

342 

594 
660 

586 

328 

35.  162 

20! 

674 
676 

328 
328 

130 
150 
.67 

162 
266 
260 

36() 

183 

401 

459 

402 

45" 

403 

459 

404 

459 

407 
408 

459 
459 

409 

459 

410 

459 

411 

459 

412 

459 

44' 

27 

473 

327 

509 
634 

308 

25 

63U 

459 

700 
581 
272 

}^3 
1  57.  262.  280 

342 

43 

44'> 

'37 

528 
565 

490 
266 

68(> 

257.  45S 

30., 

535 

162 
162 

34 

32S 

IO(. 

162 

508 


I.AW 
ll>OI  . 
1901  . 
I9OI  . 
I9OI  . 
I9OI  . 
I()01  . 

1 90 1  . 
1901  . 
1 90 1  . 
I  .>o  I  . 
1 90 1  . 
I90I  . 
190 1 . 
1901  . 
1901  . 
1901  . 
1 90 1  . 
I90I  . 
1901  . 
I90I  . 
I90I . 
I90I . 
1901  . 
1901  . 
1901  . 
1 90 1  . 
I90I  . 
1 90 1  . 

1901 . 
1901  . 

1901  . 

1902 . 
1 902 . 
1 902 . 
1902 . 
1902 . 
1902 . 
1 902 . 

1 902  . 
1902  . 

'903- 
1903. 
1903. 
1903. 

KJO-J. 


Laws  Citkd 

CuAriFn     Si-c  n 

.N              Pa.^i: 

107 

406 

1  14       

'•S3 

'74 

32  « 

262 

460 

263 

460 

264 

460 

265 

460 

266 

460 

267 

460 

26S 

460 

269 

460 

270 

460 

271 

460 

272 

460 

-7.1 

460 

274 

460 

275 

4^0 

276 

460 

-77 

460 

27S 

460 

279 

460 

2S0 

460 

281 

460 

282 

460 

34S 

107 

377 

266 

447 

459 

557 

367 

659 

3^3 

721 

'30 

727 

162 

10 

328 

'55 

43,  84,  260 

'95 

328 

239 

32« 

294 

49 

408 

266 

527 

260 

540 

65 

560 

'57 

3' 

99 

2C6 

32« 

297 

2S0,  285 

347 

65.  74 

382 

J  30 

RkNISKT)     SlAiriKS    ("iTKIi  •")•'*.' 


I.Au  Chai'ii-h  Sri  ri..s               I'a<.i; 

n)o;, ;,8^  146 

i<;o;, 4-7  '37 

i(;03 522  ....  1S9.  195,  305 

M)0^, V>U  ■  ■  ■  ■  260 


UNITED   STATES    REVISED   STATUTES 
2nd    Edn. 

Skctions  Pm.k 

1992-1994 27 

I  (;92-  1 99S 32S 

1^99-2000 27 

2 1  (y$-2 1 67 32.S 

2 1^5-- "74 -7 

216S 32S 

2l6(>-J  170 .' .l2S 

-■7- .>-f< 

2174 .1-^ 

5424-5429 27 


REVISED    STATUTES— State  of  New  York 

Part    I.  Cli.   6 


.')10  C'ddk    l'k()\  isions   CriKD 


CODE  OF  CIVIL  PROCEDURE 

Skctidn  P.\(,k 

220 -35 

43' 3'j 

842 66 

94' _ 3- 

9^2 314 

1 030,  subdiv.    13 1  37 

1925-1931 : 313 

2234 66 

2250 66 

2  708 66 

2992 2(p 

3'44-3i4S 27 

3243 3^.^ 

3245 73'  3' 3 

3326 267.  281 

3227 2S1 

3357-33^2 I  0<) 


CODE  OF  CRIMINAL  PROCEDURE 

Ski  IK  IN  Ha<.i- 

r  o  1 66,  1 32 

1 06 44,  66 

147 66 

838-860 264 

900 6( ) 

899-913 263.  274 


PENAL   CODE 

Skcihin  I'a(.k 

I  5 264 

4I-4IZZ 328 

4IX 27,  328 

4iy 27,  32S 

42,  43 62, 70,  93.  125. 282. 30 J 

304.  3'0.  334 


CoiiK     l*l«)\  ISIONS    AM)     rKXr-]]()<)kS    CllKh  .">  1  1 


Ml  I  iiis  H.M.i: 

V) 309 

50 309 

I  M> 66,  1 30 

1  54 37 


':>■ 


16: 
166.. 
^91  .. 
292 . . 
396 . . 

397  ■  ■ 
410.. 
411.. 
447I). 
46S . . 

473-  ■ 
()6S .  . 

''7- 74.  3' 3 


73 

'  .V} 

73 

^3^3 

260 

^>5 

U- 

:.  144 

142 

f>7 

•  '3- 

'3- 

'3^ 

45' 

■  3'o 

268 

TEXT-BOOKS 

Pagk 

^  -'^ 

Amiican    and    Imil;Ii-Ii     lMu;vclop;v(lia   of    l,;t\\                                                        1  ^^3 

'  i<»o 

rhitty  on   C'oniracls   45 

( "oiilry  on  Taxalion   :o  1 

C'umming  and  (lillKit's  Annotaiecl   Tax    Law  ( iqoi ) 190 

I  )illon's   Miinitipal   Corporations }5,  310 

I  )rake's  Annotated   Tax  I^w  (n>03) i</o 

( Ireen's  Annotated  Tax  I^w  (1902)    190 

I'arsons  on  C!ontracls 45 

I'omernv  <>n  Contrai  t> 45 


INDEX 


INDEX 


Six. 

l'v..i 

'4 

j<) 

•H 

()2 

377 

26:; 

NoiK 'I"HK     FOI.I.oWI  NC    in  I)F.\   t  ()\  KKS     IIIK     IWO  (   IIAKl  KKS     AM) 

IIIK  Sl'KXiAI.  I-A\VS  tON  TAINKI)  IN  IHIS  i;()()k.  ThK  WiHTK  Ch  AKThK 
(S  INDKXKl)  IN  THK  WIDER  MKASTRK.  TlIK  ()l,I)  C'lIAKrKR  IN  IHK 
NARROWER  MKASIIRK,  AND  RKFKRKNCKS  lO  IHK  Sl'Kl  lAI.  l.AWs  ARK 
SKT     IN    S.MAM,    lAPS    AND    INDKNTKD. 

I'nDER  KACH  subject  IHK  MAITKR  IS  INDKXKIi  IN  IHK  ORDIR 
(»K     PM.INi;     WIIHOITT     RKCARD     |(>    A  M'H  A  HE  11  CA  1.    AR  R  A  N( ;  EM  EN  1'. 


ABSENCE: 

Of  president  of  common  council 

Of  mayor 

t  »f  ])<)lice   justice 

ACCIDENT: 

See  AciHiNs. 

ACTIONS  : 

,   C'itv  m.iy  maintain,  for  violation  of  ordinances 2 ;5  ;S 

May  he  maintained  for  penalties 4^  V 

For  damages,  must  he  tommenced  witiiin  one 

year  from  injury So  s.j 

Kor  damages,  shall  not    he  hrouglit    until   ex 

piration  of  forty  days  after  claim no  Si) 

For  damages,   rt-tpure  notice  of  intention   to 
he   filed   with    torporation    counsel    within 

six  months So  Sij 

( 'ommissionir  of  i)uhlic  safelv  mav  hring,  to  ahale  nuis- 

•incs     --S         I  ,4 

Attachment    in,    for    violation    ol    onlinani  o 

relating  to  canals    z'^t        15; 

No  security  in.  retpiirrd    hy  city  on    .tdiourn- 

ments  or  ajipeals j  ;;i<       ^01 

Costs   doiihle   for  defendant    in.  againsi    ciiv 

officers   JS4        ^oj 

Written    notiie    necessary    to    commissioner    of    puhlic 

wiirks  in.  for  damages 4(>i        31 1 

For  damages,  for  defective  streets.  (.  i<  4'ii         ;m 


510  Indkx 

White  Charter  Old  Charter  Special  Laws 


ACTIONS:      (DiUinut-d  Si-:<  .     I'M.i 

For  damaf;es  arising  from   snow  or  ice,  written  notice  of 
])articnlar  place  must  he  given  commissioner  of  puljlic 

works 4*^)1        312 

l'"or  damages,  shall  not  he  coninienctd  until  three  months 

after  claim   4<'>i        312 

( )mission  to  present  notice  of  clain)  within  three  months 

or  commence,  within  one  year,  har  to  recovery 461        312 

All  existing  requirements  iis  to  notice  must  lie  complied 

with  to  maintain 461        313 

Kxisting  rules  as  to  contributory  negligence  not  modititd 

nor  new  obligations  imposed  on  t  ity  l)y  White  Charter       461        313 
City  not  liable  in,  unless  actual   notice  of  un- 
safe condition  had 21.S        317 

Costs    shall    not    be    taxed    in.     unit  ss    notice 
served   on    mayor    or    corporation    counsel 

witiiin  hfteen   days 21S        317 

City  may  maintain,  against  owner  for  expense 

of  repairing  or  cleaning  sidewalk 2  iS        317 

ALDRRMEN: 

Election,  term  c)f  office  and  salary  of 13  25 

<^)ualifications  of 13  25 

\'acancy  in  office  of,  how  tilled 27  39 

Person  chosen  to  till  vacaiuy,  must   be  of  same  jioliiical 

party 27  39 

Suspension  or  expulsif)n  of 27  39 

<  leneral    powers  of.  see  notes 4--44 

(leneral  duties  of 50  56 

Removal  from  ward  vacates  office  of 2S7  61 

See  Common  Coi'Ncii.. 
ALLOWANCE: 

No  additional.  >hall  he  made 453        309 

ANNUAL   F  LNANCIAL  REPORTS: 

A<    I      TO     PKOVIDK     KOK.      IN     (ITIKS    oK 

S !■'.(<  i\  1 1  <    1  ASS ^47 

APPEAL: 

I-'rom  audit  of  comptrollei    '>5  72 

Claims  shall  not  be  ])aid  uiuil  lime  to,  lias  expired 6'i  74 

No.  from  decisions  of  commissioner  of  public  safet\  ....      '  204  [36 

I  230  145 

I'rom  order  of  health  officer 222  142 

Prom  police  court  judgments 260  270 

From  municipal  court  judgments 246  286 

I'rom  decisions  as  to  assessments 470  323 


Indkx  ■  .'(17 

NX'hite  Charter  Old  Charter  Special  Laws 

APPOINTA\ENTS:  Sr. .    Pv.i 

15y  comm<»n  council  shall  be  hy  viva  Mice  vole 3:5  42 

(  If  city  (.fticers  shall  be  by  mayor 49  64 

APPROPRIATIONS: 

Mayor    mav    a]ii)rove    jjait    of    orciiiiance    .i])|)ro])rialiiii; 

mont-y 2t  33 

I  iilawful  for  officers  or  departments  to  exceed 96         Si 

lit  alili  department  may  exceed,  to  suppress  epidemic.  .  .  i»^>  Si 

Misdemeanor    tf)     vote,     out     of    exhausted 

fund Si  (;  i 

Hoard  of  education  shall  not  exceed i  ^5        171 

APPROVAL  OF  BONDS: 

See  Bonds. 


ARMORY : 


.\(r       At    riloKI/.INC       MIK       «I1V       OK 

RuCIIKSIKR    TO  Af'c.H'TRI.  srrK  KOK.  .  —  ',4s 


ASSESSMENT  AND  TAXATION: 

For  mill-race  upon  property  bent  tiled    

For  extension  of  gas  mains 

.Assessments  f<»r  repairs  of  sidewalks 

t'osts.  grading  or  cleaning,  to  be  assessed  on   propertv 

benetited 

.Assessors  shall  include  cost  of  grading  and  cleaning.  .  .  . 
.Assessments  for  street  o|)enings.  on  jiroperty  beiu-tited.. 

Kxisting  laws  as  to,  shall  apply 

.A.s.sessors  shall  ap|)oint  assistants 

Flection  and  terms  of  asse.ssors 

\acancy  in  office  of,  how  tilled   

Towers  and  duties  of  assessors    

Local  laws  to  remain  in  force  as  to  assessments 

Assessors  shall  have  powers  nf  fninier  boards 

Shall  tile  warrant  with  « ity  treasurer 

Siifficiencv  of  assessment 

<  )f  land,  how  made 

Assessments  against  \inknown  owners,  etc 

I'erms  of  assessors  in  office  on  Jan.  1st.  H)00 

ivxpenses    incident    to    improvements    to    be  included  in 

assessment 

When  assessors  interested  in  imprnxemetii 
When  property  omitteii  from  roll   . 
If  i\ii>si\e.  r^•bale  to  be  made    .... 


4- 

."'.1 

IO(> 

04 

io<j 

')4 

ICXj 

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'47 

107 

14S 

loS 

260 

1S4 

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1S4 

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i8f. 

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51 S  Indkx 

White  Charter  Old  Charter  Special  Laws 

ASSESSMENT  AND  TAXATION  :— Cm, iiiuu-<l 

When  assessment  i>  insufficient 

rublication  of  notices   

See  notes  on  assessment  and  taxation 

Duties  (■{  assessors 

Assessments  for  general  taxes 

Annual  assessjnent.  liow  made 

Additional  ia.\  for  water  rrnt~,  delivery  of  tax 

'■'.lis S5         i,,4 

W'arr.mt   of  mavor  to  be  annexed   to  asse>s- 

nient  rolls 

When  assessment  rolls  deli\ired  to  treasmer 

Collection  of  taxes   hy  treasure! 

Rates  of  interest   i(  llLctible 

I'liblication  of  notices 

Issuing  of  warrants 

C!ollectors'  sales  and  notice.- 

Distribution  of  surj^lns  on  colleciors'  sales.  .. 

Time  of  sale 

Notice  of  sale  

C'ity  treasurer  to  conduct  sale 

Manner  of  sale,  certificate 

\Vhen  property  bid  in  by  city 

Cdiunil  may  authorize  treasurer  to  bid 

Redemption  of  pr(])erty  sold  for  taxes 

Notice  to  redeem 

Service  of  notice 

City  treasurer  shall  str\e  noticts,  see  note..  . 
Mayor's    certificate     of    failure    to     ri deem  : 

treasurer's  certifi(  ate  of  discharge  of  lien  ; 

foreclosure;  jurisdiction  of  municipal  court 
Judgment  creditor  or  mortgagee  may  redeem 

Lien  of  mortgagee  or  judgment  creditor 

Definition  of  mortgagee 

.\cquiring  title    to    lands    sold    |)ariies  other 

than  city loS        .:oS 

Lands  imperfectly  described;   power  of  (oun- 

cil  t(j  correct   taxes  or  assessments 

Supervisors  to  annex  warrant  to  rolls 

Notice  to  pay  count v  taxes;   interest   

l*ublicatif)n  of  notice  as  to  county  taxes.  .  .  . 
Warrants  of  county  treasurer;  collectors.  .  . 

County  collectors;  salts  and  notices 

Disposition  of  surplus 


S() 

"'5 

S; 

1 06 

SS 

i.>6 

S<) 

196 

90 

"'7 

1)1 

1 97 

U2 

199 

''.3 

199 

')A 

19'' 

■'5 

200 

■)(> 

2CO 

>)7 

200 

').S 

201 

i)i) 

201 

100 

202 

101 

2C2 

101 

202 

— 

-o.> 

104 

-04 

"OS 

207 

106 

207 

107 

207 

id) 

209 

1  }(< 

-^'4 

1  1  - 

-'5 

1  iS 

2\(> 

1  1') 

2\C> 

120 

2I.S 

121 

21S 

Index  519 

White  Charter  Old  Charter  Special  Laws 


ASSESSMENT  AND  TAXATION  :— Coniinued  Sf.c.  Page 

Sale  of  lands  for  county  taxes 1:12  219 

Taxes  regular  notwithstanding  irregularities; 

re-assessment ;  record  of  sales 215  252 

Deeds  shall  be  presented  to  assessors  before 

recording -86  255 

Maps  of  subdivisions  shall   be   filed  with  as- 
sessors    -89  2  56 

Miscellaneous  provisions  relating  to  assessments .  465  3^9 

Reduction  and  vacation  of  assessments 465  3^9 

Legality  of  assessments 465  319 

Hearing  on  application  to  vacate  or  reduce  assessments . .  466  320 

Vacating  or  reducing  assessments 407  3-' 

Recovery  of  assessment  paid  for  local  improvement,  see 

note 3-' 

Assessments  not  void  unless  objections  filed  46S  322 

Llearings  on  ol>jections 46S  322 

Reduction  by  court ;  new  assessment 469  '   3-- 

Appeals  from  decisions  as  to  assessments 470  323 

Consolidation  of  actions 47 '  3-3 

Act   AiriioRiziNG   local    imi'Rove- 

MEN  1"  BONDS —         45- 

ACT       AUTHORIZING     PAST      DUE     TAX 

BONDS —         453 

Acts  validating  tax  sales —      453 

Acts   authorizing   compromise  ok 

Church  street  assessment —      454 

Act  relating  to  taxes  in  riiE  city 

of  rochester —       454 

Acts     levying     assessments     idk 

LOCAL  improvements —      457 

Acts      levying      assessments    on 

KociiEsiER  Railway  Co 45^ 

acr  authorizing  settlement  with 

Rochester  Railway  Company  . .         —       45'^ 
Act  AS  to  collection  of   taxes  in 

Monroe  county  —      459 

Ste  I'AKks;   ruiu.ic  Improvements;   Sewers. 
ASSESSORS: 

See  AssEssMEN  I  and  Taxation. 
AUCTION : 

Of  franchises •  '9  3° 

Of  unclaimed  properly,  by  police  clerk  <>7        269 


520  Index 

White  Charter  Old  Charter  Special  Laws 


BALLOT  CLERKS  :  Sec     Paoh 

See  Elkctions. 

BANKS: 

City  depository  shall  be  designated  by  board  of  estimate         83         76 
Shall  report  to  comiitroller  monthly 84  77 

BASTARDY  PROCEEDINGS: 

Police  justice  has  jurisdiction  over 396       264 

BIDS: 

vSee  Contract  .\m>  Srpi'r.v,  Hoard  of 

BOARD  OF  CONTRACT  AND  SUPPLY  : 

See  Contract  and  Suti'ly,  Board  of 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT: 

See  Estimate  and  Appoktionmkn  r.  Hoard  of 

BOARD  OF  HEALTH : 

See  Public  Sap'ETY,  Department  of 

BONDS: 

Mayor    and    city    clerk    shall    report    cfficers' 

neglect  to  give 30  67 

Official  to  be  filed  with  mayor 49  68 

Mayor  shall  examine 281  68 

When  recorded  in  county  clerk's  office 281  68 

Comptroller  and  deputy  shall  give 62  70 

Of  comptroller  and  deputy  shall   be  approved  by  mayor 

and  recorded  by  county  clerk 62  70 

Comptroller  shall  keep  list  of  city 65  73 

List  of,  open  to  inspection  of  citizens 65  73 

Comptroller  shall  cancel  paid 65  73 

Of  treasurer  and  deputy  shall  be  approved  by  mayor  and 

recorded  by  county  clerk 80  75 

Revenue,  shall  be  signed   by  mayor  and   treasurer  and 

countersigned  by  comptroller 96  81 

Of  commissioner  of  public  works  and  deputy  shall  be 

approved  by  mayor 1  oS  93 

For  contract  street  lighting,  in  penalty  of  fifty  thousand 

dollars 123  102 

Contractors',  for  labor subdiv.  6  —  122 

Commissioner  of   public  safety  and  chief  police    shall 

give,  to  be  approved  by  mayor 174  125 

None  required  in  actions  by  city  to  restrain  nuisances..  .  228  144 

Renewal  of;  exchange  of  water  works 1 10  210 


Index  521 

White  Charter  Old  Charter  Special  Laws 


BONDS:— Continued  Sec.    Page 

Of  commissioner  of  charities,  and  deputy,  approved  by 

mayor 340  2  58 

Of  overseer  of  poor,  approved  by  commissioner  charities.  343  259 

Of  police  clerks,  approved  by  board  of  estimate 398  265 

Of  police  clerk,  shall  be  filed  with  comptroller 398  265 

None  required  by  city,  on  appeals  in  actions  or 

proceedings 259  301 

Of  corporation  counsel,  approved  by  mayor 415  304 

City  olificer  or  member  of  common  council   shall   not  be 

surety  on,  for  public  contracts 455  309 

Common  council  may  require  from  any  city  olificer 456  310 

Bonds  required  must  be  given 457  3'° 

Official  bonds  generally,  see  note —  310 

Of  constables  approved  by  judge  of  municipal 

court  and  filed  with  city  clerk  26  ;^^2 

Rochester  park 15  382 

City    of    Rochester    park    (Riley 

triangle) 3  398 

Rochester  market 13  412 

High  .school 1  421 

East  side  sewer 1  422 

t.r  \   I '  44> 

West  side  sewer ,  ^ 

Local  improvement i  452 

Past  due  tax 1  453 

^  469 

Water  works  loan .  47' 

'  472 

Aiinrno.N Ai,  water  sipim.v  1  4S0 

Water  DisTRiuiniNt;  system i  481 

Water  shed 4  4^5 

Water  works  LOAN  REKUNDiNc;. .. .  i  486 

BOUNDARIKS: 

Of  city  of  Rochester 2  3 

First  ward •■••...  4  8 

Second  ward 4  8 

Third  ward 4  9 

Four!  h  ward 4  9 

Fifth  ward  .  .                                        4  'O 

Sixth  ward 4  ' o 

Seventh  ward 4  ' ' 

Eighth  ward 4  ' ' 

Ninth  ward 4  '2 

Tenth  ward .  4  '3 


522  Index 

White  Charter  Old  Charter  Special  Laws 


BOUNDARIES:— Continued  Sec  Pac-.e. 

Eleventh  ward 4  14 

Twelfth  ward 4  15 

Thirteenth  ward  4  15 

Fourteenth  ward 4  16 

Fifteenth  ward 4  17 

Sixteenth  ward 4  i  S 

Seventeenth   ward 4  19 

Eighteenth   ward 4  19 

Nineteenth  ward 4  20 

Twentieth  ward 4  21 

Territor\-  included  from  Irondequoit,  Brighton, 

Gates  and  Greece 5  22 

BRIDGES: 

As  to  construction  of,  see  note  —  43 

Common  council  may  direct  repair  of 146  106 

Miscellaneous  special  acts  as  to 

CANAL   and    river,    IN    ROCHESTER  —  49O 

BUDGET: 

City's  share  of  expense  in  opening  streets  to  be  inserted 

in 34  42 

How  made  up 96  78 

Common  council  shall  grant  hearings  on 96  78 

To   be  published  in  minutes  of  common  council 96  78 

Amounts    in,    to    be    levied    in    manner    provided    by 

existing  law 96  78 

BUILDINGS: 

Worth    fifty    thousand     dnllars     not     to     be 

condemned 1 69  56 

Power  of  council  to  regulate  construction  of. .  220  56 

Scuttles  and  ladders  on 221  57 

Fire  escapes  on 222  58 

Inspection  of,  as  to  fire  protection 223  60 

Commissioner  of  public  works  shall  construct  and  repair 

city 109  94 

Contracts  not  required  for  emergency  repairs  in  city. ...  120  100 

City  engineer  is  superintendent  of  city 132  105 

Custody  of  school,  within  authority  city  engineer,  see  note  —  1 05 
Fire    department,    commissioner    of    public    safety    has 

charge  of 201  135 

Health  olificer  has  charge  of  ventilating,  drainage,  etc., 

of  public 224  143 

Removal  of  dangerous 277  1 52 


Index  5'J3 

White  Charter  Old  Charter  Special  Laws 


CANAL:  Sec.     Page 

See  l?RinGEs. 

CERTIFICATE : 

Of  population,  secretary  of  state  shall  file  with  city  clerk  .  2  1 

Of  indebtedness  to  con  tractors,  laws  authorizing  continued 

in   force I47        '"^ 

CHARGES: 

Against  city  officials  or  departments,  mayor  may  examine         46  64 
Against  policemen,  commissioner  of  ])ublic  safety  shall 

hear 184  129 

Against  firemen,  commissioner   of    public    safety    shall 

hear 204  135 

Against  members  of  health  department,  commissioner  of 

public  safety  shall  hear 230  145 

Against    school    principals,  board   of   educa-  j    140J  180 

tion  shall  hear i    t4om  180 

Against  board  of  education,  common  council 

shall    hear I4>c  1S2 

Against  police  justice  county  court  shall  hear         65  268 

Against  city  officers  generally 463  318 

Removals  on,  by  common  council                              11  327 

CHARITIES  AND  CORRECTION,  Department  of: 

Appointment   and   term  of  coniniissiuncr  and  deputy  ...  ,  .  :5s 
Bonds  of  commissioner  and  deputy   to  be  approved   by 

mayor 34t>  -58 

Vacancy  in  office  of  commissioner  filled  by    mayor 340  258 

Powers  and  duties  of  commissioner 34 1  258 

Overseer  of  the  poor,  appointment  of 342  259 

Bond  of  overseer 343  259 

Powers  and  duties  of  overseer 344  259 

Duties  of  overseer  under  Old  Charter 79  260 

CHIEF  OF  I  IRE  DEPARTMENT: 

Sec  Prill  ic  S\i  l.^^.  I  )i  partmciit  of 

CHIEF  OF  POLICE  DEPARTMENT: 

See  Puni.ic  Sam-.tv,  Department  of 

CITIZEN  : 

May  inspect  bonds  lilcd  with  the  comptroller 65  73 

May  file  affidavit  with  comptroller  or  treasurer  against 

illegal    claim  66         73 

See  Taxtaykk 


524  Index 

White  Charter  Old  Charter  Special  Laws 


CITY  :  Sf.c.     Page 

When  White  Charter  applies  to i  i 

Classification  of,  see  note 2 

Title  to  school  property  vests  in 14 id     182 

Is  owner  of  supplies  furnished  for  relief  of  poor 345       259 

Liability  of,  for  support  of  poor  not  extended  by  White 

Charter 346       260 

See  Actions;  Boundaries. 

CITY  BOUNDARIES: 

See  Boundaries. 

CITY  BUILDINGS : 

See  Buildings. 

CITY  CLERK : 

Removal  of,  by  three-fourths  vote  of  common  council  . .  15  26 

Appointment,  powers,  and  duties  of 15  26 

May  appoint  a  deputy  and  subordinates 15  26 

Is  commissioner  of  deeds 15  26 

General  provisions  of  law  as  to,  see   note —  27 

Shall    report    to    council    persons  elected  or 

appointed 29  27 

Shall   attend    meetings   of  council   and    keep 

record    of    proceedings 55  28 

Shall  countersign  all  licenses 55  28 

Shall  call  on  chief  of  police  for  officer  to    en- 
force   ordinances,     and    report     violations 

thereof  to  common  council 55  28 

Shall  give  notice  of  special  meetings  of  common  council .  16  29 

Shall  attest  all  ordinances 20  31 

Shall  present  ordinances  to  mayor  for  approval 21  32 

Shall  keep  book  of  ordinances 22  35 

Shall    add      certificate     of     publication    to    record    of 

ordinances    23  35 

Shall  report  to  council  constables  neglecting 

to  give  bonds 3°  "7 

Is  secretary  of  the  board  of  estimate  and  apportionment  96  77 
Shall    keep,  print   and  distribute   minutes    of   board    of 

estimate    97  S4 

Owner  of  property  may  file  name   of  agent 

with '64  117 

Jury  lists  shall  be  filed  with 399  266 

Shall  file  copies    jury    lists    in    police    and    municipal 

courts 399  266 


Index 
White  Charter  Old  Charter  Special  Laws 


5*25 


CITY  CLERK  :— Continued  Shc. 

Is  commissioner  of  deeds 26 

Shall    execute    deeds  for  Mount  Hope  cem- 
etery lots 77 

vShai.l  issue  licenses  for   dogs.  ...  3 
CITY  COURT: 

See  MuNicii'.M.  Coirt. 
CITY  DEBT: 

See  Debt. 
CITY  ENGINEER: 

Is  commissioner  of  deeds   65 

Is  member  board  of  estimate  and  apportionment 96 

Is  member  board  of  contract  and  supply 120 

Appointment  of,  by  mayor;    powers  and  duties  of 132 

Shall  be  civil  engineer  of  five  years  experience 132 

Shall  appoint  assistants 132 

Is  superintendent  of  public  buildings,  bridges,  docks  and 

wharves 132 

CITY  HALL: 

Act  in  rei..\tion  to  erection  ok.  .  .  — 
CITY  JUDGES: 

See  MuNiciP.M.  CoiRr. 

CITY  OFFICERS: 

Resignations  i)f,  shall    b'^-    made    10    common 

council 31 

Consultations    of 45 

All  city,  to  be  appointed  by  mayor 49 

Salaries  of  all,  fixed  by  board  of  estimate 98 

Members  board  of  education  shall  not  be.  ...  140 

Corporation  counsel  shall  appear  for 416 

Shall  not  receive  fees  outside  salarj' 452 

Additional  allowances  shall  not  be  made  to 453 

\  ->'' 

Shall  not  l)e  interested  in  public  contracts i  140 

'  455 

Shall  not  act  as  election  ofiicers 455 

Cannot  hold  two  offices  at  once 458 

Charges  and  trials  against 463 

Shall  have  all  powers  and  duties  under  existing  laws . . .  .  483 

Who  are 6 

Election  of.  governed  by  election  law 14 

Commencement  terms  of  office  of 15 

Terms  and  salaries  of 16 

Vacancies,  when  filled  by  common  council ...  24 


P.^GB 

334 

342 
354 


73 

77 

99 

104 

104 

'05 

105 
349 


44 

63 

64 

86 

'73 

304 

309 

309 

45 
•73 
309 

3'o 
3" 
3'S 
3-5 
326 
329 
3^9 
330 
332 


526  Index 

White  Charter  Old  Charter  Special  Laws 


CITY  OFFICERS:— Continued  Sec.     Page 

Shall  take  oath  of  office \  ^-^-^ 

(     27       334 

Neglect  of,  to  qualify,  deemed  refusal  to  serve         28       335 

Park  com.missiunkrs  cannot  bk...  ^;^       391 

CITY  OF  ROCHESTER : 

See  Boundaries  ;  City. 

CITY  PURCHASING  AGENT : 

See  Contract  and  Si  i-pi-y,  Board  of 
CIVIL  ACTIONS: 

See  Actions. 

CIVIL  SERVICE: 

Police  appointments  subject  to 188  130 

Police  court  attendant  in  exempt  class  of 398  265 

Law  not  affected  by  White  Charter 482  325 

CLAIMS  : 

Comptroller  shall  prescribe  forms  of 65         71 

Provisions  as  to  filing,  not  to   apply    to    fixed    salaries, 

funded  debt,  etc 65         71 

Distributing  copies  of,  by  comptroller 65         72 

Audit  of,  and  appeals  from  audit 65         72 

When  audited,  shall  be  filed  with  treasurer 65         73 

Shall  not  be  paid  unless  countersigned  by  comptroller. .  .  65         73 

Payment  of 66         73 

Citizens  may  file  affidavit  against  payment  of  illegal 66         73 

Shall  not  be  paid  until   time   to    appeal   has  expired   or 

appeal  decided 66         74 

For  damages  against  city 80         88 

For   damages,  shall   state  when,  where    and 

how   occassioned 80         89 

For  damages,  actions  in,  shall  not  be  brought 

till  forty  days  after  notice 80         89 

For  damages,  notice,  of  intention  must  be 
filed    with    coqDoration    counsel   within    si.\ 

months So         89 

Compromise  of 420       305 

For  damages,  to  be  presented  to  common  council 461        31 1 

For  damages,  form  and  contents  of 461        312 

For    damages,    actual    notice   of    dangerous 

condition  necessaiy 218       317 

For  damages,  notice  must  be  served  upon 
mayor  or  corporation  counsel  within  fifteen 
days,  to  tax  costs 218       317 


Index  5'27 

White  Charter  Old  Charter  Special  Laws 

CLERK:  Sec.     Pa(;e 

Uf  board  of  contract  and  supply.     See  CoNTR.\("r  .\Ni) 

SuPi'i.Y.  Board  of 
Of  board  of  estimate  and  apportionment.-    See  Esn.MATE 

AM)  Ai'i'ORTioNMENT,  Board  of 
Of  commissioner  of  public  safety.     See  Pum.ic  S.vkkty, 

Department  of 
Of  common  council.     See  City  Ci.krk. 
Of  police  justice.     See  Poi.H'K  Cut  K  r. 

COAL: 

Provisions  of  general  city  law  as 
to  sale  and  delivery  <)k.  in 
cities  uk  second  class —      j49 

COMMISSIONER  OF  CHARITIES  AND  CORRECTION  : 

See  CiiAKiiTEs  AND  Correction,  Department  of 

COMMISSIONER  OF  PUBLIC  SAFETY  : 

See  Pi' H Lie  Safety.  Department  of 

COMMISSIONER  OF  PUBLIC  WORKS  : 

Sec  I'l  Hi.ic  WoKKs,  De])arinient  of 

COMMISSIONERS  OF  DEEDS : 


President  of  common  council,  city  iKik  .iiul  (Kputy 
are '5 

Members  of  board  of  estimate  and  ;iiii)nrii.inniint  are 
(mayor;  corporation  counsel ;  city  engineer:  comptrol- 
ler ;  ]>resident  of  council) ^15 

Not  dis(]ualilied  from  acting  as  election  officers 4 SS 


COMMON  COUNCIL 


I>egislative  power  of  liiy  vested  in   

Memorandum  of  decisions  on.  ordinances  of,  see  note. 

Election  and  salary  of  aldermen 

President  of,  election  and  salaiy 

Meet  ings  of 

President  shall  jireside  over 

Mayor  to  preside  over,  in  certain  cases 

President  pro  tem  of.  may  be  chosen 


J  6 


12 

24 

— 

24 

13 

=  5 

13 

25 

'4 

26 

14 

26 

>4 

26 

'4 

26 

>4 

26 

15 

26 

•5 

26 

— 

27 

29 

27 

55 

28 

16 

29 

16 

29 

528  Index 

White  Charter  Old  Charter  Special  Laws 

COMMON  COUNCIL  :— Continued  Sec.    Page 

President  of,  may  vote  in  case  of  tie  on  resohitions    and 

ordinances    

Shall  choose  city  clerk,  and  may  remove  by  three-fourths 

vote 

{'resident,   clerk    and   deputies  of,   are   commissioner   of 

deeds 

General  provisions  as  to  clerk  of,  see  note 

City  clerk  shall  report  officers  elected  to  .... 
City  clerk  shall  attend  meetings  of,  and  keep 

minutes 

President,  or  majority  of,  may  call  special  meetings 

Clerk  shall  ser\-e  notice  of  special  meetings  of 

Shall  determine  its  own  rules  and  be  judge    of    elections 

of  its  members 

Meetings  of,  shall  be  public    and    records   open  for    in- 
spection   

Members  of,  shall  not  incur  unauthorized  expense 

Ordinances  of,  shall  not  be  passed  on  day  of  introduction 

except  by  unanimous  consent 

Appropriations  require  two  thirds  vote  of  all  members  of 
Sale  or  lease   of    city  real  estate,  or  sale  of   franchise 

require  two  thirds  vote  of  all  members  of 

Proceedings  in  sale  or  lease  of  real  estate  or  franchise  by 

Ordinances   of,  not    operative    until    attested   by    clerk, 

approved  by  mayor,  or  passed  over  veto     and    ]:)romul- 

gated -o         31 

Ordinances    of,    certified    by    city    clerk     are 

prima  facie  evidence 44         31 

Police  and  municipal  court  shall  take  judicial 

notice  of  ordinances  of 44         32 

I'resident  of,  shall  sign  all  ordinances 21  32 

Ordinances   of,  subject  to  mayor's  veto  power 21  32 

Three-fourths  vote  of  members  of,  necessary  to  override 

mayor's  veto - '  33 

Mayor  may  disapprove  approjiriating  ordinances  of,  in 

part 21  ;^^ 

Procedure  under  Old  Charti-r  as  to  considera- 
tion of  ordinances  of,  by  mayor;  veto  power 

ovtr  proceedings  board  of  education 48         ;^;] 

Ordinances  of,  shall  be  recorded  in  a  book  by  clerk 22         35 

Certified  copy  of  ordinances  of,  presumptive  evidence  . .  22         35 

Violations  of  ordinances  of,  a  misdemeanor 23         35 

I'enalties  may  be  provided  for  violations  of  ordinances  of..  23  35 


17 

29 

iS 

29 

19 

30 

19 

30 

19 

30 

19 

30 

Index 


529 


White  Charter  Old  Charter  Special  Laws 


COMMON    COUNCIL:— Continued 

Violaiions  of  ordinances  of,  may  be  restrained 

Penalties  may  be  prescribed  by,  and  enforced 
Executive  functions  may  be  prescribed  by  ordinances  of.. 
Powers  and  duties  of  officers  and  departments  may  be 

prescribed  by  ordinances  of 

Has  power  to  investigate  city  offices  and  departments,  and 

shall  have  access  to  records 

May  compel  attendance  of  witnesses 

May  create  temporary  and  funded  debis 

Vacancy  in,  how  filled 

May  compel  attendance  of  absent  members  and  jiunish 

or  expel  by  three-fourths  vote 

Legislative  acts  of,  by  yea  and  nay  vote,  to  be  entered  in 

full  in  journal 

Shall  designate  otficial  newspaper 

Shall  not  alter  name  or  grade  of  street  except  by  two- 
thirds  vote 

Ordinances  of,  prior  to  January  i,  1900 

Minutes  of,  to  be  printed  within  six  days  after  adjourn- 
ment and  immediately  distributed 

Minutes  of,  to  whom  distributed 

Minutes  of,  to  be  indexed  and  bound  annually 

To  make  all  ajipointments  by  viva  voce  vote 

Ordinances  and  bonds  of,  for  local  improvements 

Shall    apportion    city's    share    of    expense    for   opening 

streets,  etc 

General  provisions  of  law  as  to,  see  notes 

Resignations  of  city  officers  shall  be  made  to.. 
Members  of,  shall  have  a  vote;  mayor  may 

be  present  at  mtetings  of 

Meetings,  minutes  and  rules  of   

Members  of.    not    to   be    interested   in  ]>ublic 

contracts 

General  powers  and  duties  of 


May  ]jass  ordinances  as  to  : 

Public  peace  and  morality 

Disorderly  houses,  ganil>ling.  ctt 
Intoxicating   li(|uors.  .  .  . 

Sports,  exhibitions,  etc 

Slaughter  houses,  stables,  etc. .  , 

Gunpowder,  firejvorks,  etc 

Streets,  handbills,  wires,  etc. .  .  , 


Sbc. 

Hack 

23 

35 

43 

36 

24 

37 

37 

37 
37 
38 
39 


28 

39 

29 

40 

30 

41 

3' 

41 

3- 

4> 

3- 

41 

3- 

41 

33 

4- 

34 

42 

34 

42 

4 

--44 

3' 

44 

35 

44 

36 

44 

39 

45 

40 

45 

Subdiv. 

Page 

I 

46 

:: 

46 

3 

46 

4 

46 

5 

47 

6 

47 

7 

47 

530 


Index 


White  Charter  Old  Charter  Special  Laws 


COMMON  COUNCIL  :— Continued  Slbdiv. 

May  pass  ordinances  as  to  : 

Horse  racing,  driving,  etc 8 

Railroads,  etc 9 

Bathing i  o 

Drunkards,  beggars,  etc 1 1 

Pounds 12 

Dogs 13 

Dead  carcasses,  putrid  meats,  etc 14 

Sidewalks  and  fences    15 

Auctioneers,  disturbing  noises,  etc 16 

Infectious  diseases 17 

Burial  of  dead 18 

Markets  and  sales 19 

Public  reservoirs 20 

Hacks,  undertakers,  and  pawnbrokers  ....  21 

Omnibuses  and  stages 22 

Street  lights 23 

Peddlers 24 

Duties,  bonds,  etc.,  of  puljlic  officers 25 

Tires  of  wheels 27 

Sealing  of  weights  and  measures 28 

Canals,  wharves,  etc 29 

Licenses  by  mayor 30 

Stationary  engineers 31 

Sec. 

Mill-races 41 

Gas  light  companies,  mains,  etc 42 

Members  of,  shall  attend  meetings,  act  upon 
committees  when  appointed,  and  report  to 
mayor  subordinate  officers  guilty  of  mis- 
conduct and  neglect  of  duty 50 

Aldermen  shall  order  arrest  of  persons  viola- 
ting laws  or  ordinances 5° 

Shall  not  condemn  buildings  worth  over  fifty 

thousand  dollars 1 69 

Powers  of,  as  to  construction  and  inspection 

of  buildings 220 

Powers  of,  as  to  scuttles,  ladders  etc 221 

Powers  of,  as  to  fire  escapes  and  pi'evention 

of  fires 222 

Powers  of,  to  inspect  buildings  as  to  protec- 
tion from  fire 223 

May  compensate  injured  firemen 231 


Pace 

48 
48 
48 
48 
48 
48 
49 
49 
49 
50 
50 
50 
51 
51 

52 

52 

S3 
53 
53 
53 
54 
54 
54 
Page. 

55 
55 


56 
56 
56 

56 

57 


58 

60 
61 


Index  531 

White  Charter  Old  Charter  Special  Laws 


COMMON  COUNCIL:— Contiiuied  Sec.  Page 
May   apply   penalties    recovered   on    costs   of 

.suits 261  61 

Removal  from  ward  vacates  office  of  alderman.  287  61 

President  of,  shall  act  as  mayor  when 44  63 

Mayor  shall  communicate  to,  annually  and  from  time  to 

time 46  63 

Mayor  and  city  clerk  shall  report  to,  names  of 

ofificers  failing  to  give  bonds 30  67 

Duty  of  mayor  to  see  that  ordinances  of,  are 

executed 47  67 

May  examine  sureties  under  oath 281  68 

May  administer  oaths  and  subpoena  witnesses 

in  investigations 282  69 

May  prescribe  penalty  of  comptroller's  bond 62  70 

Shall  designate  office  and  office  hours  of  comptroller  ...  63  71 

May  prescribe  duties  of  comptroller 64  71 

Comptroller  shall  distribute  printed  claims  to  members  of..  65  72 

May  appeal  from  audit  of  comptroller 65  72 

Comptroller  shall  report  examination  of  treasurer's  books 

monthly  to 67  74 

May  prescribe  duties  of  comptroller 68  74 

Shall  regulate  management  of  sinking  fund 69  75 

Shall  prescribe  penalty  of  bonds  of  treasurer  and  deputy  80  75 

Shall  designate  office  and  office  hours  of  treasurer 82  76 

May  prescribe  duties  of  treasurer 86  77 

President  of,  member  board  of  estimate 96  77 

Shall  grant  hearing  on  tax  budget 96  78 

Shall  adopt  tax  budget  and  i:)rint  same  in  minutes 96  78 

Annual  rejiorts  to.  at  end  of  fiscal  year 46  S5 

Claims  shall  be  served    upon  in  actions  for 

damages 80  89 

Power  to  borrow  money Si  90 

Members  of,  shall  not  vote  payment  out  of 

exhausted  funds 81  91 

Shall   jirescrilje   ])enalty  for  bonds   of  commissioner  of 

public  works  and  deputy loS  93 

Shall  designate  time  for  making  assessments  for  water 

rents no  96 

Powers  as  to  parks,  under  ^Vhite  Charter 1  1 1  98 

May   prescribe    regiilations    for   board   of   contract    and 

supply 1 20  99 

Proceedings  of  board  of  contract  shall  be    distributed  to 

members  of 124  10^ 


532  Index 

White  Charter  Old  Charier  Special  Laws 


COMMON  COUNCIL :— Continued 

Ordinances  of,  for  street  improvements 

May  designate  kind  of  pavement  when  owners  fail  to  do  so 

May  prescribe  duties  commissioner  public  works ) 

Powers  as  to  discontinuance  of  streets 

May  order  street  improvements 

May  order  street  sprinkling 

Existing  laws  as  to  street  improvements  shall  apply 

May  direct    the  acquiring  of  real    estate  for  public  im- 
provements   

May    concur  in  purchase  of  lands  for  water 

works 

No  person   shall   lay  water  pipes   within   city 

without  permission  of 

No  person  shall  furnish  water  within  city  with- 
out permission  of 

May  consent  to  acquiring  lands  or  easements 

•  for  water  works 

Powers  as  to  the   construction   and  repair  of 

streets,  sewers,  etc 

Powers  as  to  removal  of  deposits  in  Genesee 

river 

Powers  as  to  sprinkling  of  stieets 

Shall  prescribe  bonds  of  commissioner  of  public  safety 

and  chief  of  police 

Commissioner  of  public  safety  shall  not  make  rules  incon- 
sistent with  ordinances  of 

May  grade  police  department 

May  fix  number  of  policemen 

May  regulate  police  pension  fund 

Duty  of  mayor  to  enforce  ordinances  of 

May  pass  ordinances  governing  police  department 

May  grade  fire  department 

May  abolish  offices  in  fire  department 

May  regulate  fire  department  pension  fund 

May  authorize  purchase  of  real  property  for  fire  depart- 
ment   

Powers  of,  as  to  fires 

May  approve  extraordinary  health  expenditures 

Powers  of,  as  to  sanitary  regulations ;    pest- 
house 

Fines  collected  for  violation  of  health  pro- 
visions of,  devoted  to  pest-house 


Sec. 

25 

25 
09 

42 

43 
.46 
[46 
.46 

149 

:56 


162 

[68 

168 
168 

174 

.76 

■77 
[78 
.85 
186 
191 
202 
203 
205 

206 
232 
229 

269 


Index  533 

White  Charter  Old  Charter  Special  Laws 


279 

153 

130 

16S 

'3' 

169 

'3- 

169 

COMMON  COUNCIL  :— Continued  Sec.    Pace 
I'owers  of,  as  to  tilling  up  vaults  and  excava- 
tions          276       1 5 1 

Powers  of,  as  to  removing  dangerous  build- 
ings, fences,  etc 277        1 52 

Powers    of,    as    to    preservation    of    Genesee 

river,  canals,  etc 27S        152 

Ailaclunenls  for  violations  of  ordinances  of, 

as  to  canals 

Hoard  of  t-ducRtion  shall  report  annually  to.  . 
Board    <f    educa  i'.  n    shall    submit    annual 

tstimates  to 

Shall  apjiropriatt-  mont-y  annually  for  S(h(,c)l 

board 

Shall  certify  amount  appropriated  for  school 

purposes 133        170 

May  borrow  money  for  school  purposes 136       171 

May  pass  school  ordinances 141a      iSi 

May  sell  school  property 141b     (81 

May    investigate    charges    against    board    of 

education  or  employees 141c      1S2 

Ta.K  directed  to  be  raised  by,  to  be  s])read  by 

assessors 

Shall  levy  water  lax 

Shall  Correct  imperfect  descriptions  of  lands 

and  annex  to  assessment  roll   

May  refund  outstanding  bonds 

Shall  order  improvements  on  petition 

Ordinances  of,  for  local  improvements 172        221 

Acquisition  of  lands  for  improvements  by  ...  .        1 73       223 
Filing  of  ma|)  by,  in  condemnation  proceed- 
ings         174        224 

Shall  fix  penalties  of  bonds  of  commis^idntr  of  charities. 

and  deputy 34°       -.v*> 

May  prescribe  duties  of  commissioner  of  charities 341        259 

Shall     provide    rooms,    stationery,    etc.,    for 

municipal  court 253       29S 

Suits  for   violations  of    ordinani  es   of.    bow 

prosecuted ■  .  .  .         25S       301 

Corporation  counsel  is  legal  adviser  of 416       304 

May  prescribe  duties  of  corjioration  counsel 417       304 

Compromise  of  claims  shall  be   reported   to,  by  corpora- 
tion counsel 420       305 

Judgments  recovered  shall  be  rti)orted  to 422        306 


82 

190 

^^5 

'94 

109 

209 

1 10 

210 

'7' 

220 

534  Index 

White  Charter  Old  Charter  Special  Laws 


422 

306 

455 

309 

456 

SIC- 

45S 

311 

461 

312 

462 

318 

464 

319 

472 

324 

482 

324 

4S3 

325 

21 

331 

24 

332 

COMMON  COUNCIL:— Coniimied  Src.    Pagh 

May  raise  money  by  lax  and  direct  payment  of  judgments, 

in  order  of  recovery 

Members  of,  shall  not  be  interested  in  public  contracts. . 

May  require  bond  of  any  city  officer 

Members  of,  shall  not  hold  two  offices 

Claims  for  damages    shall    be  presented   in  writing  to, 

within  three  months 

Annual  reports  shall  be  transmitted  by  mayor  to 

Witnesses  shall  not  be  excused  ffom  testifying  before.. . 
Printed  minutes  of,  may  be  distributed  to  tax  payers. .  . . 
Inconsistent  ordinances  of,  repealed  by  White  charter.. . 
Consistent  ordinances  of,  continued  by  While  charter.  . . 

Canvass  of  votes  by 

Vacancies  filled  by 

Officers  appointed  by,  sha'l  take  and  file  oath 

of  office 27       334 

See    Parks;      Pubijc     I.Mi'Ru\KMKNrs ; 
PiTBLic  Market;  Vote. 

COMPLAINTS: 

See  Charges. 

COMPTROLLER : 

Shall  audit  bills  of  official  newspapers    

Election,  term  and  salary  of 

Appointment  of  deputies  by 

Vacancy  in  office  of,  filled  by  mayor 

Bond  of,  and  deputy's,  approved  by  mayor  and  recorded 

Office   hours  of 

(ieneral   duties  of 

Shall  keep  accounts  with  each  depanment  

Shall  not  allow  specific  funds  to  be  overdrawn 

Shall  prescribe  form  of  all  claims 

Claiins  shall  be  presented  to 

Shall  print  and  distribute    claims 

Shall  audit  all  claims 

Appeals  from  audit  of 

Shall  sit  with  board  of  estimate  on  appeals 

Treasurer  shall  sit    with    board  of   estimate    on  appeals 

from  audit  of 

Is  commissioner  of  deeds 

Shall  countersign  bills,  warrants  and  drafts 

Shall  keep  list  of  city  bonds 

Shall  cancel  paid  bonds 


29 

4' 

61 

70 

61 

70 

61 

70 

62 

70 

6^, 

7' 

64 

7' 

64 

7' 

64 

71 

65 

71 

65 

7' 

t'5 

72 

6S 

72 

65 

72 

65 

72 

(>s 

72 

65 

73 

f^s 

73 

65 

73 

^'5 

73 

Indkx  535 

White  Cnarter  Old  Charter  Special  Laws 


COMPTROLLER:— Contiiuitrd  Sk.  .  Pa.-k 

Citizens  may  file  atifidavit  with,  ai^ain^i  illegal  claim   ....          66  75 

Shall  not  audit  claims  until  time  to  appeal  has  expired.  .          66  74 
Shall  examine   treasurer's  hooks,   and    report    to    council 

monthly    67  '  74 

Shall  keep  accounts  wiiii   treasurer 67  74 

.Shall  |)ut)lish  report  in  book  form  annually   68  74 

-Shall  tile  annual  report  with  state  comptroller 6X  74 

Is  custodian  of  all  sinking  funds 69  7^ 

Shall  receive  rept)rt  from  treasurer  daiis                                           85  77 

Is  member  board  estimate  and  apportionment ...                        >>6  77 

Shall  countersign  revenue  bonds 1)6  Si 

Is  member  board  coni ract  and  supjily 1  20  ()<j 

Shall  certify  to  assessors  contract  price  of  improvement . .  1 20  101 

Is  trustee  police  pension  fund iS^  1  30 

Is  trustee  fire  department  pension   funtl 205  1  ^6 

Shall  ajji^rove  bills  board  of  education 141  f  18^ 

Duties  of.  as  to  general  sinking;  funil 111  211 

i;oiul>  of  polirr  clerk  shall  be  filed  with ^gS  2(1^ 

Sh.m.i,    m.\kic     .\NM'.\1.     rkport      \>> 
secretary     ok    state    ok    c1tv'> 


KI.N'ANCIAI.  CONDITION J  ^47 

Set-    I)KHrs;    KsriM.VTE  ANH   .\  IM'i  iKl  l<  >N  M  KN  I  .  Hoard    of 

CONDEMNATION    PROCHEDINOS  : 

I'.uilding.^    wmili    lifiy  tlioiisand    dullars    not    to    be   i  on 

denined 10.;  ^6 

K.xisting  laws  as  to.  continued  by  White  (hatit-i  .  141;        loi) 

.See     I'lHl.ir    1  M  I'KoVKMKNTS. 

CONSOLIDATION    Ol     ACTIONS: 

Src     .\ri  I,.N>. 

CONSTABLES : 

(  ily   clerk    shall     re])ort   to   council,    neglect- 
ing to  gi\  e  bonds ^O  67 

rolicenun  have  lowers  of l.Si  128 

As  to  removal  of.  see  note —  28^ 

Certificate    showing  .service  of  verified  com- 
plaint by 24^  21)1 

Powers  of  municipal  court  judges  over.  ....  251  294 

Mondsof..  26*  ;i2.> 

Dutie-  of  (,^  ■^^^^ 

CONSULTATIONS: 

.•^ee  Cl  I  \    (  >1  I  l«  I  k-. 


586  l.\])K\ 

White  Charter  Old  Charter  Special  Laws 

CONTAGIOUS    DISEASES:  S.x.    PArn 

See  I'riu.ic  Sakk.tv,    Department  of 

CONTRACT   AND  SUPPLY,    Board   of: 

Contracts  of,  to  be  executed  by  mayor 47  64 

How  constituted 1 20  99 

General  powers  and  duties  of 1  20  99 

All  contracts  over  fifty  dollars  shall  be  let  by i  20  99 

Contracts  by,  unnecessary  in  emergency  cases 1  20  100 

Specifications  to  be  printed  by.  and  delivered  to  bidders 

on  demand 1  20  1 00 

<  "ontracts  involving  erection  of  poles  or  laying  pipes,  etc.. 

shall  not  be  awarded  by,  prior  to  franchise  , 1  20  100 

May  reject  bids  if  excessive 1  20  100 

Purchase  of  supplies  less  than  fifty  dollars  does  not  re- 
quire contract  by 1 20  101 

Contracts    of.    for    public     im]3rovements    certified    to 

assessors 1 20  101 

Bids  submitted  to,  must  be  based  on  estimates  and  en- 
dorsed with  t  itle  of  work 121  1  o  r 

Bids  shall  not  be  received  by,  except  at  regular  meetings 

and  in  conformance  with  niles 121  101 

Opening    of    bids  by.  bidders    and     reporters     may    be 

present 1  22  102 

Bids  or  surety  before,  cannot  be  withdrawn 1  22  102 

Bids  may  be  re-advertised  for  by 122  102 

Contracts  for  public  lighting  by 123  102 

Clerk  of , r  24  105 

City  purchasing  agent  is  clerk  of.  see  note 10^ 

Minutes  of,  to  be  ke]5t.  printed  and  distributed,  indexed 

and  bound  yearly 124  1  o  ? 

To  let  contracts  for  improvement  of  streets 147  107 

Contracts  of,   for   over  two   hundred  dollars    to  be   ap- 
proved by  corporation  counsel 417  304 

Contracts  of,  shall  not  be  let  to  city  debtors 454  509 

Contracts  of,  void  if  public  officers  are  interested 455  510 

To  whom  minutes  of,  distributed 472  32  3 

Contracts  prior  to  White  charter  shall  continue 4S3  325 

CONTRACTS : 

City  officers  shall  not  be  interested  in 39         45 

Members  board  of  education   not  to  be  in- 
terested in 140        173 

City  officers  not  to  be  interested  in i' 455       309 

Park  commissioners  shall  n'ot  be 
i nierestki)  in 20      3s5 


Indkx  o8, 

NX'hite  Charter  Old  Charter  Special  Laws 

CONTRACTS:   -Cnntiiuifd  Si-x.    Pa<.i; 

I'l    i;i.l<-  MAKKKI  ((IMMISSIUNKKS 

SIIAII.    N(ll-     HK     INTKRKSTF.H    IN...  6  4O9 

See  Co.NlKACT  AM)  Sril'I.V.   H(i;M(I  of 

CORONER : 

Police  lo  sL-i\e  subpuuiias  and  wanant.s  of iS:;        12.S 

CORPORATION: 

See  City. 

CORPORATION  COUNSEL: 

City    clerk    shall    re])ort    \iolations    of    ordi- 
nances to ; ;  jS 

May  a])peal  from  audit  of  conii)troller o;  -j 

l.s  commissioner  of  deeds (>:;  -  ^ 

Is  member  of  board  of  estimate  and  apportionment   ....  m('         77 

Notice  of  intention  to  sue  must  be  served  on. 

in  damage  suits So         Si; 

Shall  assist   in   conducting  negotiations  for  purchase  of 

park  lands i  1  i  (>S 

Is  member  of  board  of  contract  and  supply i  jo  <><) 

May  maintain  actions  to  restrain  \  iolations  of  ordinances 

or  to  abate   nuisances 22S        144 

Suiis  upon  ordinances  shall   bf   under  direc- 
tion of 

Shall  be  appointed  by  mayor 

Shall  ajipoint  assistants 

Salaries  of,  and  of  assistants,  (i.xecl  by  board  of  estimate 

May  receive  costs  to  his  own  use 

Costs    recovered    liy,  in    street    openings,  to   be   paid    to 

treasurer  

liond  of.  to  be  api)ro\eil  bv  mayor 

Is  legal  adviser  of  common  council 

Shall  ajjpear  for  all  officers,  boards  and  departments.  .  . 
Shall  ajjprove  all  contracts  of  over  two  hundred  dollars.  . 

.Shall  attend  to  ail  law  business  of  the  city   

.Shall    discharge    such    duties   as    common    council    mav 

prescribe 

Costs  and  allowances  of  . 

Salary   of   corporation   counsel    ot     Rochester,   see    note 

Money  collected  by.  to  be  jjaici  to  city  treasurer 

Shall  tile  inventory  annually  with  mayor 

May    compromise    claims    with    ap])roval    of    bo.uu    it 

estimate   

.Shall  report  to  common  council  compromise  of  claims  .. 


-'.v'! 

.^01 

4'.> 

.503 

41;^ 

.1O3 

4N 

30.1 

414 

30.? 

414 

.10;, 

4' 5 

304 

416 

304 

416 

304 

417 

304 

t'7 

;>o4 

4'7 

.>04 

4iS 

304 

305 

410 

305 

4><> 

305 

42. 

420 

.>03 

r)3S  Inhkx 

White  Charter  Old  Charter  Special  Laws 


CORPORATION  COUNSEL  :-^C..iuinut(l  Sw.    Ha.;i 

May  employ  counsel  with  consent  of  mayor 421         ^yO>, 

Shall   report   to   common   council    judgments    rtcovered 

ai^ainsi  city 4--        .1O'' 

Shall    be    served    witli    notice    within    ril'teen 

days  in  damage  suits,  to  tax  costs JiS       317 

Shall  ha\  f  notice  of  a]5plications  ff)r  reduction  of  assess- 

mtiUs 466       320 

COSTS: 

( )n  appeals  from  orders  of  health  officer     222        142 

Of  ])ublication  of  notices  for  sale  of  land  for  unpaid  taxes  313        iSS 

Double  for  defendant  in  suits  against  officers  2S4       302 

Uf  street  openings,  to  be  paid  to  city  treasurer 114       303 

Of  corporation  counsel 41''^       304 

in  damage  suits,  shall  not  be  taxed  unless 
notice  served  on  corporation  counsel  within 

fifteen  days 2  1 S       317 

See  Actions;  MrMiii'Ai.  CnrKi-;    Poi.kk  CotRT. 

COUNSEL: 

See  (nKl'oRArioN    ColNSKl.. 

DAMAGES: 

See  Aci'ioNs. 

DEBTS: 

Creation  of  temporary  and  funded 2'>  3S 

Funded,  shall  l)e  paid  in  twenty  equal  annual  payments .  2U  ^S 

Municipal  law  shall  govern  creation  of 20  3S 

Creation  of,  is  limited 96  Si 

Money  may  be  borrowed  in  anticipation  of  taxes 96  Si 

As  t<j  funded,  and  municipal  bonds,  see  note —  S3 

(General  sinking  fund,  how  constituted 111  211 

Unauthorized  persons  cannot  contract 451)  31  i 

Park     commissioners    sham,     not 

CONTRACT    UNAlTHOKIZKIl 27         39O 

DEEDS: 

On  liehalf  of  city  shall  be  executed  by  mayor 47  ii 

Of   all    lands   in    city   shall    be    presented    to 

assessors  before  recording 2S()       255 

Of  Mount  Hope  cemetery  lots  shall  be 
executed  by  mayor  and  city  clerk,  counter- 
signed by  treasurer,  and  recorded  in  city 

clerk's  office 77       .i4- 

See  Commissioners  ok  Deeds. 

DEPARTMENTS: 

Heads  of.  shall  report  annually  to  mayor 462        31S 


Im)K\  •">•!'.♦ 

White  Charter  Old  Charter  Special  Laws 


DEPARTMENTS  UNDER  WHITE  CHARTER: 

I)K.r.\KIMKN  I    1)1    l,i:(;i.-.l,A  1  lUN 

DKI'AR  TMKN'r  '>1'    l  IIK    KXKCITIVK 

1>KI'\K  TMKN'r  (11     FiNA.NCK 

Dki'akimkn'i-  or  I'risi.ic  WtJKKs 

Dki'ART.men'I'  ok  I'riii.K   Sakk.tv  

DEI'AKIMKNT  o)     I'l   lil.K     INSIRICTION     

DErARTMKN  I    Ol      ASSESSMEN  T  AND  TAXATION 

I)EI>\KT.ME.Nr  ol    ClIARiriES  AND  CoRRE(    I  ION 

Department  oi-  itie  Ii  dk  iakv 

Dktak  iMKN  1  ol-  Law 


Ski. 

Pali; 

— 

24 

— 

62 

— 

70 

— 

9.» 

— 

125 

— 

■57 

— 

.84 

— 

25S 

— 

262 

DEPOSITORIES: 

See  H\\K>-. 

DESCRIPTION  : 

(  )f  l;iiul  for  i)iiii)(),-es  of  a.-scssineni    J''-'         1.S5 

See  AssK.ssMKN  r   wn  Twvtion. 

DESKiNATION: 

(  )f    L-xeciilivf    (If    ;t(lmiiiis!rati\f    fimctioiis    hy    loiiiniDii 

louiicil  cii   niavor -^^  1  ',7 

DISMISSAL: 

St  t  (11  \K(;es. 

DISTRICT  ATTORNEY: 

I'olire    shall    suixc    pnx  cns.     bench     wanants.    etc.,    at 

ie(|ui-sl  I (f I Sj         I  2S 

Duly  to  prosecute  aldeinien,  on  complaint  of 
ta.xpayer,  for  voting  money  out  of  e.xhausted 

funds Si  ()| 

Chief     of     police     shall     detail     one    officer 

for subdiv.  i;         —        1 33 

I'olicenien    shall    serve    wanants    at    request 
of subdiv.  (^         —        133 

DISTRICr  PHYSICIANS: 

Src   I'l   HI, M    S\IKI\.   1  )i  parlinclil  >'f 

DO(JS : 

.\(I     TO    l'Ro\Il>K    lOR     I.HKNS1N<;    oK. 

IN    I  riTES    »>K    SECoNM   CI  ASS —         353 

DOW   LO\S  : 

Sfe   S(  llool     1    \\\    ol     Ko(   IIISIKK. 

DRAINS: 

Sc^  I'l  l!i  K    S\1KI\.  I)ei)artincnt  of 


540  Indkx 

White  Charter  Old  Charter  Special  Laws 


ELECTIONS:  sk.      Pa<;. 

Citv  otticeis  eleitt-d  and  ap])oinled 6       326 

MeiTKjrandum  on 

Opening  and  closing  of  ]30ils 

Election  law  shall  govern 

Commencement  of  terms  of  office 

Terms  of  office  and  salaries 

Vacancies,  how  voted  for 

(Qualifications  of  voters 

Canvass  of  votes  at  elections 

Canvass  of  votes  by  common  council 

When  common'  council  shall  elect 

Vacancies  filled  by  special 

Vacancies  filled  by  common  council 

Special 

Expenses  a  city  chari>e 

ELECTRIC  LIGHTS: 

Shall  be  supplied  by  contract 

See  Contract  and  Sitppi.v.  Hoard  of 


— 

J-/ 

'3 

32S 

14 

3-') 

15 

329 

16 

330 

iS 

330 

i') 

330 

20 

330 

21 

331 

22 

33^ 

-3 

33^ 

^4 

33- 

-5 

33- 

32 

33S 

2  2<) 


EMERGENCY  : 

In  case  of,  bids  need  not  be  advertised  for 1 20       lOO 

In  case  of,  health  department  may  exceed  approjiriation         06         Si 
See  Contract  and  SiPf'i.v,  Board  of;  I'rBi.ir  S\k[:iv. 
Department  of 

EPIDEMIC: 

Commissioner  of  jniblic  safely  may  exceed  appropriation 

to  su])press 96  Si 

Shall  be  deemed  to  exist  when  commissioner  and  board 
of  estimate  by  unanimous  vote  determine 

See  Pi'Bi.ic  Safety,  Department  of 

ERRORS  IN  ASSESSMENTS: 

See  AssKssMEN'i'  and  Taxaiion. 

ESTIMATE  AND  APPORTIONMENT,  Board  of : 

Shall  prescribe  number  of  subordinates  for  city  clerk .  .  . 

Shall  approve  sale  of  franchises  or  city  lands  

Shall  approve  funded  debts  by  affirmative  vote  (jf  four 

members 

Shall  advise  with   common  council   in   regard  lo  optning 

streets,  etc 

Shall  fix  proportion  city's  share   in   expense  of  opening 

streets,  etc '• 


':> 

20 

19 

30 

26 

38 

34 

42 

34 

42 

Index  541 

White  Charter  Old  Charter  Special  Laws 


ESTIMATE  AND  APPORTIONMENT,   Board  of :— (  oiuiimed 

Si:(.  Page 
Shall  hear  appeals  from  audit   of  coniptnjllfi   and  make 

rules  for  same 65  72 

Authority  of,  to  examine  witnesses 65  72 

Shall  prescribe  rules  for  management  of  sinking  funds.  .  69  75 

How  constituted 96  77 

City  clerk  to  be  secretary  of 96  77 

Meetings  of 96  77 

When  treasurer  sits  as  member  of ()6  77 

Shall  make  estimates  for  tax  levy,  and  submit  to  council 

within  sixty  days  after  fiscal  year 96  78 

City  clerk  shall  keep  the  minutes  of 97  S4 

All  votes  of,  to  be  viva  voce  and  recorded 97  84 

Minutes  of,  to  be  printed  within  six  days  and  distributed  97  84 

Shall  fix  salaries  of  all  city  officers  and  employees 98  86 

Shall  approve  water  rates  established  by  commissioner 

of  public  works 110  96 

Shall  fix  wages  for  laborers  in  parks 111  ((8 

Shall  prescribe  number  of  subordinates  for  city  engineer  1 32  lo^ 

Shall  approve  increase  in  number  of  ])olicenien 177  126 

Shall  ajjjjrove  rules  governing  police  pension  fund 18^  1  :;o 

Shall  ap])rove  rules  governing  fire  department  pension 

fund 20:^  1 36 

Shall   approve   ajJiJointment    and  salaries    deputy    health 

officers 223  14;, 

Shall  approve  salaries  district   physicians 227  144 

May  vote  extraordinary  expenditure  in  case  of  pestilence  220  14; 

Shall  prescribe  number  of  assistants  for  assessors 260  184 

Shall  appoint  person  in  jjlace  of  interested  assessor 300  187 

Shall    prescribe   number  of   assistants   for  commissioner 

of  charities ^y,  2^t\ 

Shall  prescribe  assistants  for  overseer  of  the  poor 342  2^1) 

Shall  prescribe  number  of  assistants  for  police  justice  .  .  398  265 

Shall  approve  bonds  of  police  clerks 398  2^)^ 

Shall    prescribe  n\iniber  of  subordinates   for  corporatii>n 

'"""'^t'' 4 '4  .W 

.Shall  tix  salary  of  corporation  counsel  and  assistants  ...  414  p> 

Shall  approve  compromise  of  claims  against  city 420  30^ 

Shall  approve  <  <imi)ensation  of  counsel   for  corporation 

^"""'^'^i 42  1  305 

Minutes  of.  to  whom  distribiited  472  p? 
Sirxi.r      AiTKi  HKiA  ri       M(l^K^      an 

.NtAl.l.V    I  I  IK     I'ARKs 2^  ^^'"^ 


')4*2  Indkx 

White  Charter  Old  Charter  Special   Laws 

ESTIMATES:  s.x.    1'a..i 

Set-  Ksi'iMAiF  ANJi   A  ri'oK  rioN  \iKNi',    Hoard  of 

EVIDENCE: 

Record  of  oidinances  prima  facie 44  51 

jddges  of  police  and   municipal  courts  shall 

take  judicial  notice  of  ordinances  as 44  32 

C'ertitied  ordinance  presumptive,  of  passage 22  35 

Record  of  board  of  education.  ]:)rinia  facie.  .  .  140!)  175 

EXCAVATIONS: 

Power  of  common  council  to  fill  and  drain..  .         276        151 

EXECUTION  : 

.M'.  Hope  cemetery  lots  exemi)t  from 211;        342 

Not    to   issue  against  city  until   money  is    raised    by  ta.\, 

e.xcept  in  certain  cases 422       306 

Pension   monkn    oi'   kirkmkn   is  k.\- 

EMPT     FROM 10  3'"i'> 

PEN.SION       MONEY      OK      POLICEMEN      IS 

EXEMIM'     l-KOM ID  4O3 

See  Actions. 

EXECUTIVE   POWER: 

Common  council  or  mayor  may  prescribe 24  37 

Vested  in  mavor  and  executive  officers  created  by  law..  .  42  62 

EXPELLING: 

Member  of  common   council 27  y) 

FEES: 

In  addition    to   salary,  not    to   be    recei\ed  by 

city  officers 452        301; 

See  (■oKi'iiKATioN  Counsel. 
FENCES: 

See  Hi  ii.iilN<;s. 

FINANCE: 

See    ('oMl'TKOI.LER  ;      KsTIMATE    AND    A  ITOK  f  ION  M  EN  I, 

Hoard  of  ;   Tkeasi  rek. 
FINES: 

Mav  be  imposed  for  violations  of  ordinances 2;]  }^ 

As  penalties  for  violations  of  ordinances  ....  43  36 

Uf  members  of  police  department 1 S4  1 2i> 

Of  meml)ers  of  the  fire  department -. 204  136 

( )f  members  of  the  health  department 230  145 

lmi)osed  bv  police  justice  belong  to  the  city.  65  267 

FIRE    DEPARTMENT: 

See  I'll'.Lic   .Sai-ETV,    1  lejxirtnient  of 


India  548 

White  Charter  Old  Charter  Special  Laws 


FIRE    DEPARTMENT   PENSION    FUND:  Six.    Pa., 

Sff  I'l  lii.ic   Saiki'n.    1  )t.-partment  of 

FIRE    ESCAPES: 

Sic    15ri  i,i>i  Ncs. 

FIRE    MARSHAL: 

( '()ninns>ionf  r  of   public  safety  ^^luill  ajjpoinl 232         135 

Powers  of  coniniissionerancl  fin-  niarslial  oxer  buildings.  .        233        155 
.\s  ti)  ))o\vers   aiul  cliiti(  s  of  fire   marshal,  see 

notes —        I  t5 

Powers  antl    duties  of  fire  marshal    under  old 

charter 229        1 56 

FISCAL   YEAR: 

Jie^ins  January   1  st 97  84 

HeL;ins  January  1  st 46  85 

Reports  and  cslimalis  at  bei^inning  of 46  S5 

FRANCHISE: 

Salt-  of n;  30 

Siiall    not   be   granted   or  o])eralive    for  a   period   longer 

than  fifty  years 19  50 

When    necessary,  in    case  of   letting  contracts    involving 

poles,  wires  or  ])ipes 120        ico 

For  laying  down   water  ]^i]ies   in   streets  and 

distributing  water 1  ;-         112 

FUNDED    DEBT: 

Sec    Dl-llf. 

UENESEE    RIVER: 

Removal  of  de])osits  in subdiw  3  —        i  22 

Powers   of   Common    council    as    to    prestrva- 

t  ion  of 27S        I  52 

ACT,\S    in   PRKVKNrioN    UK  K1.0(M).S   I.N  367 

Act  .\s    ro  ikkdek —       369 

Is    A     I'l    lil.lC     IIICIIWAV     IN     I'ART.     see 

note —        370 

HEALTH,    Board  of: 

See   Pi  1(1,1  (■    .^Al  ir\.    hepaitmeiit    of 

HEALTH    DEPARTMENT: 

See  PiM'.i.K  Saiiin.  Mi-partincnt  of 
HEAL  I  H    DISTRICTS: 

Sec  Priii.u  .^All•.l^.  I  )t  p.iiiment  of 
HEALIH    OFFICER: 

.Sfc  I'l  liiii  Sam- IN.  Itcpanmeiit  of 
HKJHWAV    COMMISSIONER: 

Sec  Pi  i;i.i(     Wmkk-..    Dcp.uimeni  of 


544  Indkx 

White  Charter  Old  Charter  Special  Laws 


INHABITANT:  -        iso 

Stf  'Tax    I'.WKK. 

INJUNCTION  : 

City  may  restrain  violation  of  ordinance :: ,         35 

Commissioner  of  public  safety  may  restrain  nuisances..  .        2jS        144 

INVENTORY: 

Of  hooks,   etc.,   to   be   filed   by   corpoiation   counsel   an- 
nually          4"v       3°5 

INVESTIGATION  : 

Of  citv  officers  and  departments  by  common  council ....  25  37 

Hy  common  council  or  committees 2S2  (n) 

Of  board  of  education  by  common  council.  .  .         141c      1S2 
JOURNAL: 

See  MiN  I  TKS. 

JUDGE: 

vSee  Mi'Mci  i'.\i.  Coi  kt;    roi.icK  ('oiR'r. 

JUDGMENTS: 

Against  city  to  be  included  in  tax  levy 4--  3°^ 

To  be  reported  by  corporation  counsel  to  common  council.  422  306 

-May  be  satisfied  in  order  of  recovery 4--  3°^ 

Against  contractor  and  smeties 4'^5  3-° 

See  Actions;  Minuii-a].  Coir  r;   Police  Cockt. 

JUDICIARY,  Department  of: 

See    Ml  \  icii'Ai,  Col  Kf  :    I'ol.icK  Coi  km;. 

JURY    AND   JURORS: 

See  MiMcii'Ai.  Coikl  ;   1'olick  Cocnr. 

JUSTICE : 

See  Mi'Nicii'Ai.  CorRP;    I'oi.icK  Coi  R r. 

LAW    DEPARTMENT: 

See   CoKl'OKArioN    Coi  NSKI,. 

LEASE : 

Of  citv  property,  by  two-thirds  vote  conmion  couiu:il  ...  iv  30 

LEGISLATIVE   POWER: 

See  Common  Cot'NCii,. 

LIABILITY  : 

See  AciioNs. 


Sr-r. 

P.\<.i; 

55 

2S 

— 

54 

^ 

354 

Indkx  54") 

White  Charter  Old  Charter  Special  Laws 

LICENSES: 

Shall  be  counttrsigiitjil  l)y  city  clerk 

Mayor  may   issue,   when   authorized  by  com- 
mon council subdiv.  30 

Doc,    SHALL    BK    SlCNK.l)     HV     NLWOK'S 
CLKRK  AM)  ISSUED  15V  CITY  CLERK. 

See  Common  Coitnctl. 
LIEN: 

Vitr  repairini;  or  cleaninj;  of  sidewalks  or  streets 109  94 

For  water  rents no         97 

See  Assessment  and  Twaikin. 

LIGHTING: 

See  CoNTRAtrr  and  Sipi'Lv.   I'xiard  of 

LOCAL    ASSESSMENTS: 

See  I'l  i;ii<'    I  M  I'KoNKMEN'rs. 

LOCAL    IMPROVEMENTS: 

See    I'lllLlC     I  MI'K()\  KMENTS. 

MAPS: 

Of  subdivisions  of  lands   must   be   tiled  with 

assessors jS()        2^6 

AlARKET: 

See    I'l    lU.K     M  \K  K  Kl  . 

MAYOR: 

May    ])rt.side   over    meetings    of   council    in    absence    of 

president 14  2C1 

Licenses  granted  l)v.  shall    be  countersigned 

by  city  clerk    55  :;S 

Ordinances    not    operative    until   appro\eil  bv.  or  passed 

over  veto  of 20  31 

May  declare  ordinances  immediately  liy  pnu  lamation . .  .  20         31 

Ordinances  subject  to  veto  power  of 21  32 

I'rocedure  as  to  consideration  of  veto  by  common  council  21  y} 

Veto  power  over  board  of  education (S  33 

Shall  designate  functions  of  city  otiicers   24  37 

Shall  receive  printed  minutes  common  comuil 32  41 

Is  entitled   to  be  present  at  all  meetings  of 

common  council   35  11 

May    issue    licenses    aulhoii/ed    by  common 

council subdiv.  30         —  54 

.\ldermen    shall   rei^ort   to.  otticeis  guilty  of 

misconduct  or  neglect  of  dutv  ^o  56 


Six. 

PA(ii-: 

4- 

62 

4- 

62 

43 

62 

44 

62 

45 

'''J 

;J4»1  Inhkn 

White  Charter  Old  Charter  Special   Laws 

MAYOR:— Continufd 

Election  ol 

I'^xeciitive  ])i)\Vfr  of  city  vested  in    

Term  and  salary  of 

In  absence  of,  i^resident  of  council  shall  act 

Shall  advise  with  heads  of  de])artnients 

Shall  see  that    ofificers  discharge   iheir  chiiies  and   main 

tain  the  pnhlic  peace 46         6] 

Siiall  send  messages  annually  and  from   time  to  time  to 

council   

May  call  special  meeting  of  common  council 

Shall  examine  complaints  against  city  officers 

Shall  sign  public  de'.'ds  and  contracts 

Is  custodian  of  city  seal 

May  in\  ustigate  departments  and  api)oint  ixi)erts  therefor 
May  administer  oaths  to  wi'iiesses  and  lake  atitida\  its.  .  . 

Shall  aj)i)oint  city  otticers 

I'^xisting    powers   and    duties    of,    continued    by    While 

Charter 

Shall  a])point  his  own  assistants 

Ceneral  jirovisions  of  law  as  to,  see  note 

Siiall    report   to  common   council  ofHcers  not 

giving  bonds   

(reneral  powers  and  duties  of 

( ifficial  bonds  shall  be  filed  with 

Shall  examine  sureties  on  bonds  under  oath.  . 
Mav  administer  oaths  and  subptena  witnesses 

in  investigations 

l-'alse  swearing  before,  perjury 

Shall  (ill  \a(.ani  y  in  office  of  comptroller 

.Shall  approve  bond  of  com]>lroller  and  deputy 

May  appeal  from  audit  of  com])troller 

Shall  fill  vacancy  in  office  of  treasurer 

Shall  approve  Ixinds  of  treasurer  and  deputy 

Is  president  board  estimate  and  a])|)c)rlionmtnt 

Shall  sign  revenue  bonds 

.Shall  receive  annual  estimates  from  departments 

Kormerlv    signed   financial   statement  of  city 

affairs 46         ^^S 

Shall  appoint,  and  may  remove,  commissioner  of  pulilic 

works 1 07  93 

.Shall  approNe  bonds  of  commissioner  of  public  works  and 

deputy I  O.S         <yj 

Is  member  of  board  of  contract  and  su]iply i  20         <)() 


46 

6;, 

46 

64 

46 

64 

47 

64 

47 

64 

4-^ 

r.4 

4-^ 

^'4 

49 

64 

50 

'•4 

31 

('5 

— 

^'5 

30 

^'7 

47 

(>7 

49 

()S 

2.S1 

6S 

2S2 

(x^ 

-^^3 

6<) 

61 

70 

62 

70 

'); 

7- 

79 

75 

So 

75 

,/, 

77 

96 

Si 

97 

S4 

Ski. 

PA..K 

I  20 

100 

'3- 

104 

174 

'-5 

'74 

'-5 

174 

'-5 

l.M.KX  •'>47 

White  Charter  Old  Charter  Special  Laws 


MAYOR  : — Coiuimied 

Shall  cenify  t^incigency  bills 

Shall  appoint  and  may  remove  city  engineer 

Shall   appoint   and  may  remove  commissioner  of  ])iiblic 

safety   

Shall   till    vacancy    in    ottice    of   commissioner   of   public 

safety  within  ten  days 

Shall  appnne  bonds  comniisNioncr  of  public  safely  and 

chief  of  police 

Shall  have  access  at  all  times  to  records  of  commissioner 

public  safety '75 

lias  power  to  control  and  direct  police  department 1S6 

In  case  of  riot,  may  appoint  special  policemen iS*') 

Chief  of  police  and   |)olicemen  shall  obey  all 

orders  of 

Common   couni  11    in:iv  ]iresi:ribe  duties  ot.  ai 

tires 

May  remove  members  of  board  of  education 

on  charges  

Shall  till  vacancy  in^olitice  of  assessor 

Shall  annex  hand  and  seal  to  assessment  rolls 
Shall  execute  ceriiticate  of  failure   to   redeem 

lands  sold  for  taxes 

Shall  give  lease  of  lands  sold  for  taxes 

Shall  appoint  and  may  remove  commissioner  of  charities 

and  correction .vV       -5'*^ 

Shall   approve  bonds  of  commissioner  of  charities  and 

correction  and  depul y .i40       -S^ 

Shall  till  vacancy  in  ofiice  c.f  police  justice    X'l-        -'''^ 

Shall   till    vacancy    in    office   of   judge  of   the 

municijjal  court -44        -•'^- 

In    actions  against,   no    security  rec|uired   on 

adjournments  01  apj>eals 

Costs  double  for.  when  successful  in  actions. 
Shall  ajjpoint  and  may  remove  corporation  counsel .... 

Shall  approve  bond  of  cotporation  counsel 4  <  5 

Corporation  counsel  shall  tile  annual  invenl<»ry  with.  . 
May  give  written  consent  for  the  employment  of  counsel 

bv  corpoiation  counsel 

May  appoint  sealer  of  weights  and  measures,  wh-  n 
Shall  not  be  interested  in  public  contract- 
Shall  hold  no  other  city  office 

Shall  not  contract  unauthorized  debts 


70 

'.>4 

-','.- 

'3M 

'-4 

><V> 

2(K> 

1S4 

Si. 

"'5 

104 

.-04 

loS 

:;oS 

-y) 

.>o' 

.'S4 

302 

4";> 

.'>03 

415 

.'>04 

410 

305 

4-' 

.505 

n- 

30S 

»55 

30^) 

t5-^ 

3>' 

548  Indkx 

White  Charter  Old  Charter  Special  Laws 


MAYOR:  —  Continued  Sf,<  .     I'a..i. 

Notice  of  claim  for  damages  shall  be  served 
upon,  within  fifteen  days  or  costs  shall  not 

he    taxed 2  iS        3 1  7 

Heads  of  departments  shall  present  annual  reports  to .  .  .        462        31S 
Departments  shall  furnish  information  at  any  time  to.  .  .        462        31S 

Declared  city  officer  by  Old  Charter 6       326 

Shall  take  and  file  oath  of  office  26       ;^23 

Shall    appoint    commissioners   of    Mt.    Hope 

cemetery,  see  note —       337 

Shall  execute   deeds  for  Mt.  Hope  cemetery 

lots 77        3A~ 

Shall    >[akk    .wnual    report    ro 

SECRKTARY      OF      STATK      OF      CITY'S 

financial  condition  2       347 

Shall    designatk     puhlic     scales 

\     I  Si        1S0 
for  weighin(;  coai i^'       ^i, 

I     '57       ji- 

Clerk     of,      shall     sic.n     doc     ll 

censes  3       354 

May    authorize    in    wriiinc;    any 

person  to  seize  dogs S       355 

May  prohibit  dogs  from  runnin(; 
at  large  unless  muzzled II       355 

May  make  contract  with  hu- 
mane society  as  t(j    do(;s 14       356 

Is   president  of  fire  dei'ar  tmen  r 

pension    Fl'ND    TRUSTEES 1  362 

May     CONSENT    to    five    hundred 
dollars       heing       appropriated 
annually  for   memorl\l  day...  i       37o 
Shall  appoint  examiners  in   mid- 
wifery    I       37 ' 

Mav  revoke  midwife    licenses...  5       373 

May  .\Pi'oiNT    PARK  c:o.MMissioNERs  1        377 

Shall  sign  park    honds 15       ;'^^;i 

Is      PRESIDENl'     OF      POLICE      PENSION 

Fr'ND     TRUSTEES 1  399 

Shall  appoint  market  commis- 
sioners    I       40<'> 

May    offer    rewards    for    ai'pre- 

HENSION    OV     criminals 1  413 

MAYOR'S  CLERK: 

Shall  sign  dog  licenses 3       354 


Indkx  549 

White  Charter  Old  Charter  Special  Laws 


MEMORIAL    DAY:  S.:c.     Pac;i: 
Act  ro  pruvidk  for  prupkk  observ- 
ance OF,  IN  Rochester —      370 

Act  to  enable   veterans  to   par- 

iicii'ate  in  exercises  of 370 

MIDWIFERY: 

Ari    RK(u  i.AiiNc;.  in  Rochester...         —       371 

MILL=RACES: 

A.sstssments  for 41  55 

MINUTES: 

Set  RkcoKU. 

MISCELLANEOUS  ACTS  : 

As    TO    KI\EK      AND     CANAL      IIRIDCKS. 

K\r 4'^7 

MISDEMEANOR: 

To  violate  ctjiiimon  council  ordinances -3  35 

To  use  other  name  than  own  in  presenting  claim  to  city .  66  73 

For   ofificer.    hoard   or   department    to    make  contract    in 

excess  of  appropriation 96         82 

To  vote  payments  out  of  exhausted  funds.  .  .  Si  gi 

To  interfere  with  the  water  works  property. .        159        113 

To  tap  water  pipes  or  let  water  ran 160        114 

Kor    memher  of  board    of    education    to    be 
interested   in   public   contracts   or  vote  for 

payment  of  such  bills 1 40        1 74 

To  -sell  lands  before  map  of  subdivision  filed 

with  assessors  -So       256 

To   sell   or   exchange  supplies  furnished   by  overseer  of 

the  poor 345        -59 

Exclusive  jurisdiction  of  police  justice  over  certain 394        263 

Public  intoxication  is,  see  note —       -63 

hnisdiction  of  police  justice  over  certain 21)5        264 

Jurisdiction  of  police  justice  over,  under  Old 

Charter 265        275 

For  mayor  and  fiscal  officers  to 

FAIL  to  make    annual    REPORT  TO 

SECRETARY  OF  STATE 2  348 

FrACU    in    WEIGIIINC    COAL    IS 1 5S         352 

(     5       .>54 

To   VIOLA  rK    HOC.    LAW .12  356 

'  15        .>57 
For  violation  oi-'laws  as  to  mid- 
wifery    <i       373 


r)5o  i\i)Kx 

White  Charter  Old  Charter  Special  Laws 

MISDEMEANOR  :— Continued  '  slx.     Pa... 

For       I'AKK      COMMISSIONERS      TO       V.K 

INTERKSTKIi     IN     I'ARK    CONTRACTS..  20  5S5 

For  MARKEl'  COMMISSIONKRS  I^O  UK 
INlERK.S'lV.I)  l\  MAKKKl'  CDN- 
IRACTS (')  40i> 

MONROE  COUNIY: 

Will    pay    e.xpense    nf     |)unishing     offenclt-rs 

against  stale  law 71         1  34 

MONROE  COUNTY  PENITENTIARY  : 

Persons  convicted  of  dninkeiniess  siiall  l)e 
committed  to,  see  note —       263 

Persons  convicted  of  crime  sliall  he  con- 
fined in 264        274 

Act     10    I'ROXIDK    I'OK     M.VINTKNANCK 

OF  1'RIS(jm-:rs  sen  r  to —  373 

Acr  IN  REi.AiioN  I'o  Monroe  cot  ni'V 

WoKKHorsE    —  :;75 

MOUNT  HOPE  CEMETERY: 

Accjuiring  lands  for    1  So  230 

(lovernnient  of 73  337 

Duties  of  commissioners 74  337 

I'ower  of  commissioners  to  pass  ordinances.  .  74  33S 

Mt.  Hope  cemetery  fund,  how  applied 7t  33S 

Treasurer  shall  invest  cemetery  moneys 76  341 

Deeds    of    cemetery    lots;    compensation    of 

commi.ssioners;    devises 77  341 

Cemetery   property    exem]:)t    from    la.xes  and 

assessments 2  1 1)  342 

See  notes  as  to  cemeteries   —  343 

MUNICIPAL   COURT: 

Judges  shall  take  judicial  notice  of  ordinances.  44  32 
A   court  of   record  with    powers    of   supreme 
court   for  foreclosure  of  equity  of  redemp- 
tion of  lands  sold  for  ta.xes 104  205 

Judges  shall  sit  in  absence  of  ])olice  justice.  .  377  262 
Has  jurisdiction  of  all  suits  brounhi  for  \  io- 

lations  of  ordinances 265  277 

Execution  of  criminal  warrants  of 266  278 

As  to  organization,   rules  and  powers  of,  see 

note —  280 

Name  ai»d  powers  of 241  28 1 

Process  served  anywhere   in  Monif>e  i  ouui v..  241  281 


White  Charter  Old  Charter  Special  Laws 


MUNICIPAL   COURT  :— Continued  Shc.  Fa..k 

Judges,  oath  of  office  of 242  2S1 

Election  and  term  of  judges  of 243  2S2 

Vacancies  in  olifice  of  judge  of,  how  tilled.  .  .  244  2S2 

Each  judge  of,  may  hold  separate  court 24s  2S2 

Shall  be  open  each  day,  Sundays  and  holidays 

excepted 245  282 

Siilxliv.    I'age 
Has  jurisdiction  as  follows: 

Of  justice  of  the  peace  of  towns 1        282 

In  actions  on  contracts  not  in  excess  fifteen 

hundred  dollars 2       28  3 

.-\ccounts  where  total  not    in  excess  fifteen 

hundred  dollars 3       283 

.\ctions  for  damages  where  amount  de- 
manded not  in  excess  fifteen  hundred 
dollars 4        28  3 

.Action  for  penalty  where  amount  demanded 

not  in  exces.s  fifteen  hundred  dollars.  ...  3       283 

Ai  lions  on  bonds  where  amount  demanded 

not  in  excess  fifteen  hundred  dollars ....  6       2>>t; 

.\clion  on  surety  bonds  where  amount  de- 
manded not  in  excess  fifteen  hundred 
dollars 7        284 

.\ction  on  judgments  where  such  action  not 

prohibited  by  code 8       284 

judgment  by  confession  wliere  amoimt  not 

in  excess  fifteen   hundred  dollars i)        284 

Actions  for  damages  for  fraud  where 
amount  demanded  not  in  excess  fifteen 
hundred  dollars 10        284 

Attachments  of  property  where  amount  de- 
manded not  in  excess  fifteen  hundred 
dollars 11        2S4 

Actions  to  recover  possession  persijnal 
property  where  amount  deinanded  not  in 
excess  fifteen  hundred  dollars 12        285 

Sutnmary  proceedings  to  recover  possession 

real  property   13        285 

Enforcements  of  mechanics'  liens 14        285 

As  to  bastardy  jjroceedings  ;  removal  of 
constables  ;  solemnization  of  marriage, 
see  note —       28; 


552  IM'KX 

White  Charter  Old  Charter  Special  Laws 


MUNICIPAL  COURT:— Continued  s.-..    Pa<;i.: 

Process  shall  be  signed  by  judge  or  clerk  ....        246       286 

Either  judge  of,  may  hold  court 246       286 

I'rocess,  pleadings  and  practice  in,  same  as  jus- 
tice's court,  except  as  otherwise  jirovided.  .        246       286 
Hail   on   adjournmenls  in.  not  to  exceed  five 

hundred  dollars 246       286 

.\ppeals  from,  to  Monroe  county  court   same 

as  from  justice's  court 246       2S6 

Shall    not    have    cognizance    where    title    of 

real  property  is  in  question 246       286 

Clerk    shall   give   transcript   of    judgment  on 

demand 246       2S6 

Judgment     docketed    with     Monroe    county 

clerk  becomes  judgment  county  court 246       287 

C'ertified  transcript  of   judgment  of,  may  be 

filed  in  any  county 246       287 

Judgments  of,  less   than    twenty-five    dollars 

not  lien  on  real  property 246       287 

Pleadings  in 246       287 

Pleadings  in,  may  be  oral  or  in  writing 246       287 

In  defaults  in,  defendant  must  prove  case.  .  .        246       287 
Tn   actions  in,   for    payment   of    money    only 

delivery  of  accounts  sufficient 246       288 

On    trials  in,    variance    between    proof    and 

allegations    immaterial 246       288 

Pleadings  in,  may  be  amended  on  trial 246       288 

May  require  costs,  as    condititjn  of    amend- 
ment         246       288 

Executions  of,  may  be  issued  any  time  within 

five  years  after  rendition  of  judgment 246       288 

Executions  of,  shall  be  returned  within  sixty 

days  after  date 246       288 

When  transcript  of  judgment  of,  tiled,  county 

clerk  shall  issue  execution  to  sheriff 246       288 

At  joining  of  issue  in,  may  require  statement 

of  account  or  cause  of  action 246       288 

Defendant  may  make  offer  of  judgment  in. .  246       288 
Plaintiff  shall  accept  or  reject  offer  of  judg- 
ment in 246       281) 

Plaintiff  shall  not  recover  costs  upon  judg- 
ment for  less  than  offer  in 246       28() 

Code  of  civil  {procedure  shall  govern  jjractice 

in 246       289 


White  Charter  Old  Charter  Special  Laws 


MUNICIPAL   COURT:— ContilUKil  Ski.     P.<..i; 

Certificate    of    judj^e    or    clerk    of.    shall    he 

received  as  evidence 246       2S9 

Judges  of,  may  charge  a  jury  and  direct  verdict  246  2X9 
Verified  com])!aint    in,    how  subscribed    and 

served 247        290 

Answer  to  verified  complaint  in 24S       290 

judgment  on  default  to  verified  complaint  in. 

entered  without  proof 249       290 

Atfidavit  of  service  of  verified  complaint   in. 

by  other  than  constable 241;       291 

Certificate  of  service  of  verified  complaint  in, 

by  constable 249       29 1 

Pleadings  in.  shall  be  subscribed  by  party  or 

attorney 241)        2<;i 

Attoniey    verifying    pleadings    in.    must     be 

admitted  to  practice  in  supreme  court ....  249  -^M 
Action  on  docketed  judgment  of,  may  be  in 

stituted  within  twenty  years 241^       291 

Costs  and  fees  to  plaintiff  and  defendant  in  .  .         250       291 

Siilxliv.      Page 
Trial    fees    not    allowed    prevailing   ])arty   in. 

unless    appearing  by  attorney  or  clerk    of 

attorney 12        293 

Defendant  entitled  to  full  costs  on  non  suits  in.  1 2        293 

City    shall  charge    and     collei  I     fee--     in.     a> 

]ir')vuled    bv   la\^  .  1  ,        293 

See.        Page 
Issuing  criminal  wanants  in  ;   i)ower  over  con- 
stables ;  coiiiempt 25 1        294 

Clerk  and  stenographers  of;  powers  and  duties  252  294 
Fees  shall   be  pre|)aid   in  ;   monthly  return   10 

treasurer '.  .        253        297 

Salary  of  judges,  clerk  and  stenographers  of..  25  t  -97 
C"ommon  council  shall  provide  riM.m>.  -station 

ery,  etc..  for 255       29'S 

Justice  of  peace  abolished 250       29S 

Judgments  of,  to  be  rendered  within  ten  days  ; 

opening  defaults  in;  appeals  from  such  orders       257        298 

Suits  upon  ordinances  in 258       301 

No  security  required  by  city  on  adjournments 

or  appeals 259       301 

Costs  double  for  tlefendanl    in   suits  agains, 

officers 2S4        302 


554  I.NDK.X 

White  Charter  Old  Charter  Special  Laws 


NEWSPAPERS  : 

Ordinances  imposing  penalties  sliall  be  ])ul)lislied  in  ...  . 

Designation  of  official 

Refusal  of  official,  to  print  notices 

Reporters  of,  may  be  present  at  opening  of  l)ids 

NOTICE: 

\eiitied,  of  claim  for  damages  must  be  served 

stating  when,  where  and  how 

( )f  intention    to  sue    must    be  filed  with    cor- 
poration counsel 

To  repair  sidewalk,  to  be  served  on  owner  of  property..  . 

Of  hearing  on  water  rates,  to  be  published 

Of  discontinuance  of  street,  to  be  published 

In  actions  for  damages,  shall  be  served  on  commissioner 

of  public  works 

In  actions  f<jr  damages  from  snow  or  ice  written,  of  par- 
ticular place,  shall  be  actually  given  to  commissioner 

of  public  works 

Of  claims  for  damages,  must  be   presented  to  common 

council  in  writing  within  three  months 

Of  claims  for  damages,  shall  describe  where,  when,  how. 

extent,  residence,  and  shall  be  verified 

Omission  to  present,  within  three  months  or  commence 

action  within  one  year  shall  be  bar  to  recovery 

.Actions  shall  not   be  brought  on  claim  for  damages  until 

three  months  after 

\\'liite  Charter  does  not  repeal  existing  statutes  as  to.  .  . 

Actual,  of  unsafe  condition  necessary 

( )f  intention  to  sue.  ntust  be  served  on  mayor 
or  corporation   counsel  within   fifteen   days 

after  injury,  to  tax  costs 

To  owner  to  rejiair  or  clean  sidewalk 

OATHS: 

Powers  of  common  council  to  administer 

Mayor  may  administer,  to  witnesses 

Clerk  of  commissioner  of  pub'ic  .safety  may  admini.ster.  . 

Chief  of  police  may  administer 

.See  CoM.Missio.NERS  OF  Dkehs. 

OFFICE  HOURS: 

Of  comptroller 

( )f  treasurer 

Of  police  justice 


Si;<  .  1'.\(;k 

20  31 

29  40 

29  40 

122  102 


So 


So 

S9 

109 

<)A 

1 10 

97 

14,1 

105 

461  312 

461  312 

461  312 

461  312 

46 1  312 

46 1  3 ' 3 

21S  317 


'H  ;,'7 
'8  .1  •  7 


-5  -v 

48  64 

175  126 

1S3  128 


63 

71 

82 

76 

397 

264 

i:; 

^-1 

— 

^4 

1  ^ 

26 

"4 

26 

17 

29 

'9 

30 

Indkx 
White  Charter  Old  Charter  Special  Laws 


OFFICERS:  Sec.     PA.a: 

See  ('  iTV  Okkickks. 

OFFICIAL  PAPERS: 

See  Nf.wsi'ai'Kks. 

OLD  CHARTER : 

i)eenu-(l  ;i  pul)lit   act 29O        336 

ORDINANCES: 

Legislative  jjower  to  pass,  vested  in  common  council .  .  . 

Memorandum  of  decisions  on,  see 

City  clerk's  duties  may  be  prescribed  by 

President  of  common  council  may  vote  on.  in  case  of  tie 

Passage  of,  requires  majority  vote 

As  to  appropriations  and  franchises 

When  operative 20 

Imposing   penalty,  must    be    ]>ul)lished    tiiree    times    per 

week  for  two  weeks 20 

May  become   operative   immediately   by   mayor's   procla- 
mation    20 

Prima  facie  evidence,  wiien 44 

Police  justice  and  judges  of  municipal  court 

shall  take  judicial  notice  of 44 

Shall  be  signed  by  ])resident  of  council 21 

Subject  to  mayor's  veto  power 21 

Three-fourth's    vote    of    council     neces^ary    to    override 

mayor's  veto  of 21 

Mayor  may  veto  part  of 21 

Of  board  of  education,  subject  i<>  veto  powti 

of  mayor 

Shall  be  recorded  by  city  clerk  in  book 

Certified  copy  of.  presumptive  evidence 

Violations  of,  a  misdemeanor 

Council  may  jjrovide  tines  and  penalties  for  violations  of 

Penalties  may  be  prescribed  for  violations  of. 
Kxecutive  or  administrative   functions  may  i)e  tixeil  b\  .  . 

Duties  of  city  officials  may  be  fi.\ed  by 

Temporary  and  funded  debts  may  be  created  l'\ 

All  legislative  acts  shall  be  by   

^'ea  and  nay  vote  on.  shall  be  recorded 

Passed  prior  to  January  1.  kjoo,  to  give  effect  to    White 

Charter 

Not  to  be  passed  interfering  with  certain  functions 

Application  of  penaltie>   recovered  for  viola- 
tions  of 261 


4^ 

34 

-- 

35 

-3 

35 

-.1 

35 

-;> 

35 

43 

M' 

.1/ 
37 

2(1 

3-^ 

zS 

3'' 

_',S 

40 

3' 

4' 

.",1 

4" 

55(j  Indkx 

^'hite  Charter  Old  Charter  Special  Laws 


ORDINANCES  :— Continued  Sk(  .  Pa... 

Duty  of  policemen  to  enforce suhtliv.  lo          —  i  j;4 

Chief    of    police    shall     detail    policeman    to 

enforce suhdiv.  lo         —  1 34 

Actions  inav  be  maintained  lo  restrain  violations  of  ....  22cS  144 

Hoard  of  education  may  enact subdiv.  S          —  167 

Hoard  of  education  shall  report  to  council  for 

passage,  relating  to  school  property i  1 1  1  Si 

Council  shall   pass,   for  protection   of  school 

property 141a  i<Si 

Jurisdiction  of  police  justice  over  violations  of 395  264 

Suits  to  recover  penalties  for  violations  of . .  .  258  301 
Suits  upon,  shall  be  under  direction  of  corpo- 
ration counsel  2  58  301 

Mount    Hope    cemetery   commissioners    may 

enact 74  ;,3S 

I'akk   ijoakd   mav  e.nact '      24        388 

'       .30       .39' 
See  Common  Coi'Ncii.;  I'l'ni.ic  I  .mi'ko\  kmknis;  Ri  i.f.s; 

\'<.TK. 

OVERSEER  OF  THE  POOR  : 

See  CiiARiriKs  and  (^orkkciion.  De])artmt;nl  of 

OWNER: 

Unknown,  of  city  lands,  how  assessed 262        1S5 

City  remains,  of  supplies  furnished  by  commissioner  of 

charities 345        25() 

Stolen  ])ropertv  shall  be  delivered  to,  by  police 

( lerk 68        26<( 

PARKS: 

I  nder    White    Charter,   comniissioner    of    public    works 

shall  have  charge  o{ 1 1  i  98 

In  the  city  of  Rochester,  are   under  control   park    board, 

see   note —  99 

Act  .as  to  i-rivaik  i'ARKs —  376 

Park  aci'  ok  Rochester - —  376 

.\ct  as  to  i'ark  boi^levari^is 392 

Act  as  to   Rii.kv    tkianci.e —  397 

PENALTIES: 

See  ( )K1)|  nances. 

PENSION  FUNDS: 

See  PcBi.ic  Saeetv.  Department  of 


Indkx  .>51 

White  Charter  Old  Charter  Special  Laws 


PERJURY: 

False  stateniL-ni  before  officer  or  committee  is 

Fai..sp:  swEARiNt;  as  to  kire  dkpaki 
mknt  i'knsion  fund  ma'iters  is.  . 
False  swearing  as  to  I'oi.ick  pen- 

SroN    Ft'NII   MAT'rERS    IS 

PEST=HOUSE  : 

See  Pi  lujc  S\i  i:t\'.  DepanmeiU  of 


Siu  . 

Ha..i- 

-^S.i 

69 

') 

366 

'  1 

405 

PESTILENCE: 

See  Epidkm  ic. 

POLES : 

See  TEi.KdRAi'ii  AMI    Tki-ki'IIonk   I'olks  ami   Wires. 

POLICE,  Chief  of: 

See  I'lKiK    Saiki'v.  Deparinieiit  of 

POLICE  COURT: 

Police   justice   siiall    lake    judicial    notice    of 

ordinances  

Judge  of  the  municipal  court  mav  act  as  police  justice.  . 

Creation   of 

Police  justice,  term  and  salary 

\'acancy  in  office  of  police  justice  filled  bv  mayor 

(^)ualifications  of  police  justice 

Exclusive  jurisdiction  of  police  justice 

Jurisdiction  over  public  inlo.\ication.  see  note 

Police  justice  may  sentence   for  one  year  or  tine  for  five 
hundred  dollars,  or  both,  see  note 

Jurisdiction  of  police  justice 

Jurisdiction  of,  over  bastardy  proceedings 

Office  hours  of  police  justice 

I'olice  clerks,  powers  and  duties 

Bonds  of  police  clerks 

Police  Court   attendant  .  .  . 

Jury  lists  in   

Jury  trial  may  be  had  in 

Jurv  trials  in 

Pav  of  jurors  in  

'rtrm  of  certain  police  justices 

1  )uties  of  police  clerk 

Removal  of  jjolice  justice  by  count v  court  .  . 

Police  dockets  ojjen  for  inspvction   

Sale  of   unclaimed  articles  by  police  clerk.  .  . 

Stolen  property   shall  be    deliveied  to  owner 

by  police  clerk 6.S        2(^1 


44 

3- 

33" 

262 

390 

262 

39' 

262 

39- 

-'63 

393 

-^^'3 

394 

-^>3 

— 

-'6^ 

— 

-"4 

395 

2(M 

396 

-'"4 

397 

J64 

;,.).S 

j6.) 

39S 

j6^ 

39S 

-<S 

39<; 

j6f. 

400 

26<') 

401 

jr>r> 

40.' 

-'67 

403 

-'67 

<'^S 

267 

<>5 

2(1: 

66 

J(>S 

'''7 

.^6., 

White  Charter  Old  Charter  Special  Laws 

POLICH  COURT  :— Continued  Si«-.    1>a,.k 

When  stolen  properly  to  l)e  held  as    evidence  6<;        270 

Appeals  from  police  court  judgments  ;   return 

and  offer  on  apj^eals ;  costs 260       270 

Vagrants  defined  ;   how  i)unished 262        272 

Disorderly     persons     defined:     punishment; 

payments  to  overseer  of  the   poor  for  suj) 

port  of  family  :   inidertaking;  suits 26'5        27  5 

Convicltd     ])ersons     in.      shall     be      confined 

in  Monroe  county    penitentiary 264        274 

Jurisdiction     of     ])olice     justice     under    Old 

Charter;  stenographer;  trials 265        275 

Execution  of  criminal  warrants  of 266       27S 

Absence  of  |io]ice  justice,  how  noted 267        27S 

POLICE  DEPARTMENT: 

See  I'lMtiic  Sakktv,  Departiiieiii  of 

POLICE  FORCE: 

See  Pt:iu.ic  Sakici'V.  I  )ei)arl  nieiit  of 

POLICE  PENSION  FUND  : 

See  }'i  lii.ic  Sai'ki  ^.  I)e))arlnient  of 

POLICE  SURGEON  : 

Does  not  have  ])ower  of  police  in  criminal  matters iSi        127 

Cp:rtificate     df.     nkcessarv     kok 

(;rantin(;   I'Knsions    lo  kiremkn.  6       y>^ 

Certificate     of,     necessary     F(^r 

cKAN  I  im;  pensions  10  policemen  6      404 

POLL  CLERKS  : 

See    l^l.KCTIONS. 

POOR: 

See  CiiAKiTiKs  ANii  Corkkction,  Department  of 

POWERS: 

K.xisting,  of  mayor,  continued  by  tlie  White  Charter.  ...  ^o         64 

Existing,  of  officers  and  departments,  continued  by  White 

Charter 4S]       325 

PRESIDENT  OF  BOARD  OF  ESTIMATE: 

.See  Mas  (JR. 

PRESIDENT  OF  COMMON  COUNCIL  : 

Election  and  salary  of 15  25 

Shall  preside  over  meetings  of  the  common  council.  ...  14  26 

Duties  of,  inav  be  prescribed   bv  common    council 14  2'> 


Indkx  559 

White  Charter  Old  Charter  Special  Laws 


PRESIDENT  OR  COMMON  COUNCIL  :  —  C()iitimied 

Vacancy  in  office  of,  tilled  by  common  council 

May  vote  on  resolutions  and  ordinances  in  case  of  tie.. 

Is  c<)nunis--ioner  of   deeds 


May  call  special  meetinjjs  of  conmion  council 

Shall  sif^n  all   ordinances 

Cannot    vote   on    designaiion    of  official   newspaper,  sec 

note 

Shall  act  as  mayor,  when 

When  acting  as  mayor,  .shall   not  approve  ordinances  or 

make  appointments  within  thirty  days 

Is  member  board  of  tstimaie  and  a])i)ortionment 

PROCEEDINGS  : 

Stc    Ai  iHiNs:    .\ssKssNtK.N  r    .\Ni)   T.\x.\rii>N;    I't  Ki.ic 

I  Ml'KoVi:  MKNTS. 

PROCLAM.\TIONS: 

l')V  the  mavor,  shall  be  posted  in  five  ]>ublic  jjlaces 


Si:(  . 

Ha..i: 

'4 

26 

"4 

26 

'5 
65 

26 
73 

16 

20 

PUBLICATION  : 

See  Nkwsi'AI'KKS:    Nuiick. 

PUBLIC  BUILDINGS: 

Stc  Hi  ii.|)Im;>. 

PUBLIC  CONTRACTS  : 

See  CuNiKAci   AMI  St  I'i'i.v.  I>iiard  of 

PUBLIC   HEALTH: 

See  I'ri'.i.n    S\ii.i\.  I  )t_-ii.in  nicnt  nt 

PUBLIC  IMPROVEMENTS: 

Common  council  may  order. 

Upon   |)etition 

(Ordinances  for 

Ac(|uisilion  of  lands  for 

Comnmn  louncil  mav  order  tnndemnation  of 
lands  for 

Ap|)lication  for  appointment  of  com- 
missioners of  appraisal  in 

.Appointment  <if  commissioners  of  appraisal .  . 

Hearings  before  commissioners 

Report  of  c<immissioners 

Contirmation  of  report   

I'livsr  vsioii  I  )t   l;ind>  1  mull  niiu  <!  tc  .r 


— 

4' 

44 

62 

44 

^•3 

qr, 

77 

:i9 

:20 


'7- 


174 


'  /."> 

--3 

176 

226 

'77 

--7 

17S 

22S 

"7-; 

22i( 

iSo 

2',0 

5  GO  I.NDKX 

White  Charter  Old  Charter  Special  Laws 


PUBLIC  IMPROVEMENTS  :— rontimiecl  Six.  Pa,.k 
t^ouiist'l   may  l)oriow  money  lo    l>ay   damages 

for I  Si  2^,2 

When  title  of  lands  taken  for,  vested  in  city .  1-S2  232 

Appeal  from  report  of  commissioners  for.  .  .  .  1S3  233 

Proceedings  stayed  by  appeal 1S4  2  7,;'^ 

County  clerk  shall  certify  report  of  commis- 
sioners to  supreme  court 1S3  2^^^ 

Appeals,  where  and  how  heard 1S6  234 

Preference  of  appeals 1  Sy  234 

Appeal  from  order  of  special  term 1S8  234 

Costs  on  appeal ;  sureties 18c;  235 

Assessments  for  damages \')0  235 

Assessment  roll 1  Qi  236 

Council  shall  fix  time  lo  hear  allegations  ....  192  236 

Hearing  allegations i<~)^  237 

Assessments,  how  collected i<)4  237 

Damages  paid,  wiicn  and  how 195  237 

When  city  entitled  to  possession 196  23S 

Appointment  of  guardian  for  infant 197  23S 

Exjjense  of  iinprovement,  how  paid 1  0<S  239 

Assessors  shall   make    assessments    upon    re- 
ceipt of  certificate 1 99  242 

Oath  of  assessors 200  243 

When  assessors  are  interested 201  243 

Roll  for  local  improvements 202  244 

Compen.sation  of  special  commissioners 203  245 

Notice  of  allegations  before  assessors 204  245 

Hearing  of  allegations   205  245 

("ontirmation  :    re-assessment 205  245 

Description      of     property      and    person      in 

assessment    206  247 

Assessment  roll  delivered  lo  treasurer 207  247 

Warrants  of  treasurer 20S  24S 

Proceedings  on  warrant   209  24.S 

( )wner  to  pay  assessment 210  24t» 

Suits  for  assessments 211  249 

Agreements  as  to  assessments 212  250 

Excess  of  assessments 213  250 

Deficiencies  and  irregularities 214  251 

Lien     of     taxes   and    assessments;  re-assess- 
ments      - 1 5  - ->- 

Construction  of  sidewalks  and  ]>avemfcnts  ...  216  254 

ExjJenses  for  widening  streets 217  254 


In'dkx  561 

White  Charter  Old  Charter  Special  Laws 

PUBLIC  INSTRUCTION,  Department  of  :  s,, .  Pa.k 

}'rnvisions  as  to  prest-nlaiion  of  claims  not  to  ai)])ly  in  hilK 

of ^>5  72 

Existing   provisions  of  While  Charter  a^;  to ... .  §§  240-247     157-161 

Existing  provisions  of  White  Charter  as  to.  not  to  apply 

to  the  cities  of  Rochester  and  Syracuse —  160 

As  to  Consolidated  School  Law.  etc.,  see  note —  161 

See  ScHooi.  L.wv  ok  Rociiksikk. 

PUBLIC  MARKET: 

Act      Ai  riioKiziNi;     coNsrKrcrioN 

AN'D     M  AINTKNANCK    OF 406 

PUBLIC   OFFICERS: 

See  ("iTV  OiTicF.Rs. 

PUBLIC  SAFETY,  Department  of  : 

Storage  of  niin]io\\der.  tirtworl- s,  etc 40  47 

(.Construction  and  insjjection  of  buildings.  .  .  .  220  56 

Scuttles  and  ladders  on  buildings 221  37 

Fire  esca])es.  etc..  on  buildings  222  5S 

Inspection  of  buildings  as  to  protection  from 

fire 223  60 

< 'ompensalion  of  injured  hrt-nien 231  ()i 

Cnnunissioner    may    exceed    appropriation     to    suppress 

epidemic ^1 

Commissioner  may  cans;-  repairs  to   tire  apparatus  with- 
out   contracts 1 20        100 

Commissioner  may  ])urchase  sup|)lies,  under  fifty  dollars..        1  20        101 

Mavor  may  api)oint  and  remove  commissioner  of 174        125 

Term  of  office  of  commissioner 174        125 

Commissioner  shall  appoint    chief  of   police    and    sulxn- 

dinates 174        125 

Mayor    shall  fill  vacancy  in  ofhce  of  commi.ssioner  within 

ten  days 1 74        125 

Monds  of  commissioner  ,and    chief  nf    police  to  be  ap- 
jiroved  by  mayor 174        125 

.\ppointmenl.    powers    and    d\iiies    of  clerk   i>f  rommi.-- 

sinner ' 175        125 

(3onmiissioner  shall  keep  record  of  otticial  acts 175        1  25 

Mavor  niav  inspect  records  of  comniissii  .ni-r 17;         i  j<i 


50-  I\i>Kx 

White  Charter  Old  Charter  Special  Laws 


PUBLIC  SAFETY,  Department  of  :— (  (.minuLcl 

I'<  )LICE    DEPARTMENT  : 

(Commissioner  shall  make  rules  for  police  ckpartinfiit .  .  . 

("ommon  council  shall  grade  police  force 

Number  of  policemen  shall   not    be    increased    without 

approval  of  board  of  estimate 

Commissioner  may  fill  vacancies  in  ])olice  force 

C'ommissioner  may  assign  policemen  to  temporary  duly  .  . 

Qualifications  of  policemen 

Police  shall  hold  office  during  good  behavior 

Policemen  have  powers  of  constal)les 

Shall  arrest  persons  violating  ordinances 

Shall  report  violations  of  law  and   ordinances 

May  execute  warrants  in  any  part  of  state 

Warrants  which  may  be  served  by    policemen 

Powers  and  duties  of  chief  of  police 

("harges  and  trials  of  policemen 

Commissioner  mav  issue  sub])a-nas  and  compel  attendance 

of  witnesses 

Commissioner  may  suspend,  fine  or  dismiss  policemen.  . 
Police  pension  fund,  how  maintained  and  controlled .... 

Mayor  may  control  and  direct  police  department 

Mayor  may  appoint  special  policemen  in  case  of  riot .... 
Police  exempt    from    militar\    and    jury    duty,    arrest    or 

subpcena 

Police  appointments  subject  to  civil  service  laws 

Policemen  shall  not  be  members  of  j^olitical  conventions 

Policemen  shall  not  solicit  votes 

Common  coinuil  mav  pass  ordinances  governing   police 

department 

Policemen  shall  retain  positions 

Organization  of  police  dej^artment  under  Old 
Charter,  see  note 

Sus]>ension  and  dismissal  of  police 

General  powers  and  duties  of  police 

Policeman  derailed  for  district  attorney 

Duties  of  policemen  as  to  arrests 

Chief    shall    detail    officer    to    enforce    penal 
ordinances 

Police  shall  obey  all  lawful  orders 

Monroe  county  to  pay  expense  of  jxinishing 
offenders  against  state  law 


170 

126 

'77 

126 

'77 

126 

17.S 

126 

1 78 

'-7 

'79 

127 

180 

'^^7 

181 

127 

iSi 

'-7 

[Si 

127 

181 

12S 

182 

128 

''\i 

128 

1S4 

1  2<) 

184 

129 

184 

129 

185 

129 

1 86 

'.50 

186 

'jO 

187 

'.>o 

118 

',?o 

1 8<,» 

'3' 

100 

'.^>' 

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'.5' 

192 

'.>' 

Suhdiv 

Page- 

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Kl'i 

10 

"3-4 

10 

'34 

Sec. 

Hase. 

03 

'35 

:o;, 

'35 

04 

'35 

04 

•36 

:>o:5 


White  Charter  Old  Charter  Special  Laws 

PUBLIC  SAFRTY,  Department  of  :— <  oiuiiuK-d  skc.    Pahe 

KIRK    DKl'AR  IMKN T: 

Commissioner   shall    ha\  e   supervision   over   tire   di  jiart- 

ment joi         1  ^-t 

Common  council  may  grade  fire  department 202        135 

Commissioner  shall  appoint  chief  of  fire  department ....        203        1  35 

Unties  of  chief  of  fire  department J03        1  35 

Commissioner  shall  apjjoint  all  members  f  fire  dejiart- 
ment 

Kiremen  shall  hold  office  during  good  behavior 

Commissioner  may  hear  charges  against  firemen 

Commissioner  may  suspend,  fine  or  dismiss  firemen .... 

Kire  department  pension  fund,  how  constituted  and  con- 
trolled         205        136 

Commissioner  shall   control    apjiaratus   and   property  of 

fire  department 206        1 36 

Commissioner  may  purchase  real  property  for  fire  depart- 
ment, when  authorized  by  common  council 

Kiremen  shall  retain  positions 

Purchase  and  sale  of  fire  dejiartment  pro])erty 

Rules  for  fire  department 

Engineers  to  have  custodv  of  engines,  etc .  . . 
Common    council    may    compensate    injured 

firemen 

Powers  of  common  council  as  to  fires 

\rrest  of  persons  at  fires 

Tearing  down  buildings  to  check  fires 

Measure  of  damages  for  buildings  destroyed.. 

UKALllI    DKl'.AKT.MKNl: 

Commissioner  shall  ha\e  supervision  over  health  de- 
partment   

Appointment  of  health  officer;   qualifications 

Commissioner  shall  have  powers  local  board  of  health  .  . 

.\ppeals  from  orders  of  health  officer 

Commissioner  may  impose  costs  on  appeals 

Health  officer  may  apjioint  assistants  and  experts 

'i'erm  and  compensation  of  assistants 

Health  officer  shall  inspect  and  control  ventilation,  drain 
age,  etc.,  public  buildings 

Health  officer  shall  approve  plans  for  sewers  and  drains.. 

Commissioner  sliall  divide  citv  into  health  districts 


06 

137 

07 

'  ^~ 

^4 

'  3'^ 

-7 

'.>«^ 

2S 

1 3S 

',1 
3- 

'3'' 
'3w 

33 

140 

34 

140 

35 

141 

c 

'41 

I 

141 

1 

142 

- 

142 

- 

142 

3 

'43 

3 

'43 

( 

'43 

5 

143 

(, 

'44 

5(>4  1m>k.x 

White  Charter  Old  Charter  Special  Laws 


PUBLIC  SAFETY,  Department  of :— ( dniinued 

A]>pointment.  cinnpciisatinn,  and   ckitits  of  district  i)liy 

sicians 

Actions  as  to  imisaiues 22S 

Extraordinary  lieahh  expenditures  in  time  of  pestilence..        22<; 
Commissioner    may    hear    charges  against    members    of 

health  department 2 j;o 

Commissioner  may  fine,  suspend  or  dismiss  members  of 

health  department 230 

Commissioner  may  issue  subjXLnas  and  comjiel  attend      fii>4 

ance  of  witnesses -^  204 

ri.S4 

I)ecisif)n  of  commissioner  final  and  not  su1)ject  to  review..   -^  204 

I'ublic  health  law  ajiplicable  to  cities  of  second  class.  .  .  .  231 

1 'lumbers  and  inspectors  of  plumbing,  see  note — 

Board  of  health  under  Old  Charter 9 

Powers    of    common    cfiuncil    as    to   sanitarv 

regulations  ;  pest-house 269 

Regulations  as  to  canal  boats,  etc 270 

Regulations  as  to  public  conveyances 271 

Regulations  a.s  to  infected  property 272 

Powers  of  board  of  health  as  to  canal  boats. .  273 
Hotels  and   boarding  houses  to  report  sick 

persons 274 

Fines  collected  for  violation  of   health   ]5ro- 

visions  devoted  to  pest-house 275 

Power  of  council  to  fill  vaults,  drains,  etc..  276 
Power  of  council  as  to  removal  of  dangerous 

buildings,  fences,  etc 277 

Power  of  council   as  to  i)reservation  of  Gen- 
esee river,  canals,  etc 27.S 

Attachment  for  violations   of   ordinances  re- 
lating to  canals,  etc 27c; 

Provisions  of  state  law  ap])licable  to  board  of 

health 2S0 

F1RI-.   MAR.SHAI.: 

Commissioner  shall  appoint  fire  marshal 232 

Powers  of  commissioner  and  fire  marshal  over  buildings...  233 

.\s  to  powers  and  duties  of  fire  marshal,  see  note — 

Powers  and  duties  of  fire  marshal  under  Old 

Charter 22()        1 56 


I  \!iK\  .')•"»•> 

White  Charter  Old  Charter  Special  Laws 

PUBLIC  SAFETY,  Department  of: — Continued  Sk<  .    H\r.K 

Heahh    department    shall    inspect    jjlans    for 
school  buildings 1 3.S        172 

FlM-.s      COI.l.KCTKIl      K<JK      VIOLATIONS 

(jk  i,a\v  rei.ati.nc,  to  coal,  shall 
be    divideii    hetween    eire    and 

police  pension  edniis 1 6o      353 

Act  consolidating   fireman's    he- 

NEVOLENT     ASSOCIATION     AND     rilK 

fire  department —       357 

Act     authorizin(;      imrcmase     of 

PREMISES    OF    I'ROTECriVES —         360 

Act     orantinc;      cERriFicATEs     m 

ALERT    HOSE —  3<il 

Acr       ESTABLISHING       FIRK       DEPAKl- 

MENT    PENSION     Fl   ND —         361 

Commissioner  of  pi  blk    safety  is 

TRirSTEE     FIRF      DEPARTMENT     PEN- 
SION   Ft  ND I  361 

Act   lecalizinc.   ceri  ain    appoini 

ments  in  fire   depariment —       3()6 

Act     crantin);     ceriifkates    to 

ACTIVE    hose —  ',67 

Health  officer   is  member  board 

ok  examiners  in   midwifery i       37 1 

c<»mmissioner    of    pt'bi.ic     safety 

SHALL    POLICE    PARKS 34  3<jl 

Commissioner  of  piblic  safety  is 

TKi;STEE     POLICE     PENSION     Fl'ND..  I  3()y 

Act  AS  n»  police    pension  fund.  vn» 

Act     lec.alizinc.    certain     p<ji.ice 

appointments 405 

Acr   A-    10  \  ACATIONS  «)F    POLICEMEN  —  4O5 

PUBLIC    WOKK^,   Department  of: 

'  "ommissioner   of   pulilic    works    and    city   engineer    arc- 
commissioners  of  deeds 03  73 

City  engineer  is  member  iK)ard  estimate  and  ap|K)rtion 

ment   </>         77 

Appointment  and  term  of  commissioner 107         93 

Commissioner  shall  ap|)oint  deputy  and  sulxirdinales  .  .  ,         107  <)3 

Vacancy  in    office  of    commissioner   shall    be    tilled    l)y 

mayor  within  ten  days 107         «^3 

Monds  of  I  ommissioner  and  deputy  approved  by  mavor.  .         io*<  m' 


5()»)  Index 

White  Charter  Old  Charter  Special  Laws 

PUBLIC  WORKS,  Department  of  :— (  ontimied  s..  is,., 
Duties    ot     I oniniissioner     as     to    streets     under    White 

Charter i  o<^         w4 

Commissioner  shall   ha\e  control  of  alteration  and  repair 

of  all  city  buildings,  docks  and  bridges iO(;         ^4 

Commissioner  shall  have  control  of  street  improvements, 

sewers  and  sidewalks 1  oij  ()4 

Commissioner   sliall    re]jair    sidewalks   when   owner  fails 

to  do  so 1  Oi>  (;4 

Commissioner  shall  clean   snow  and   ice  from   sidewalks, 

after  twelve  hours iO(;         1/4 

Commissioner  shall  tile  annual  statement  of  cost  of  work 

with  assessors 109         94 

Commissioner    shall    a])point     su]3erinlendent    of    water 

works MO         ((5 

Commissioner   shall    have    coiurol    of    the    water   works 
system,  establish    rules   for   use  of  water,  and  fix    water 

rates r  1  o         96 

Water  rents  imposed  by  commissioner  a  lien   upon    lots 

and  buildings 110         ()6 

Commissioner  shall   pay  special  water  rates  to  city  treas- 
urer         110         i;6 

Commissioner  shall  advertise  hearing  on  water  rents..  .  .  110  97 
Commissioner  shall  make  roll  for  water  rents  f<jr  ta.\  levy        110         97 

See  note  as  to  water  works  property —         97 

Duty  of  commissioner  of  public  works  as  to  parks 111  w>^ 

Commissioner  and  city  engineer  are  members  of  board  of 

contract  and  supjjly i  20         ((i» 

Commissioner  shall   make  emergency  ])urchases  for  the 

city  water  works  without  contract 1  jo        100 

Commissioner  may  purchase  supplies  under  fifty  dollars..  120  101 
Appointment  and  term  of  city  engineer  and  assistants.  .  .  132  104 
City  engineer  shall  be  superintendent  of  jjublic  buildings, 

bridges,  docks  and  wharves 1 32        1 05 

Commissioner  is  highway  commissioner 42        ro5 

Commissioner  shall  fix  amount  of  damages  on  discontinu- 
ance of  streets 1 43        106 

Commissioner  may  acquire  land  for  ]jublic  ])uiposes.  .  .  .         149        109 

Water  meters 1 50        110 

Power  to  purchase  property  for  water  works.         156        111 
Powers  of  commissioner  over  streets  and  ex- 
tension of  water  works 157        111 

No  person  shall  lay  water  pipes  without  con- 
sent of  common  council 157        112 


l.MiF.X  .')t»7 

White  Charter  Old  Charter  Special  Laws 


PUBLIC  WORKS,  Department  of :— ((.mimieci  Se..    Fa<.i: 

No    person    shall    furnish    water    from    pipes 
within   the  city  except  l)y  franchise  f^ranted 

^  1)V  three-fourths  vote  of  council 1 57         \\i 

Existing  licenses  repealed  and  revoked 157        \\z 

I'ower  to  fix  water  rates  and  enforce  collection        1  5S        1  1  ; 
Interference    with    water    wf)rks    property    a 

misdemeanor 1 5(>        11; 

Tapjjing  water  pipes  and  letting   water  run   a 

misdemeanor 1  tx)        114 

Statement  of  unpaid  water  rates lOi         m  ^ 

City  may  acquire  property  for  water  works.  .         162        115 
Proceedings  'in    case    of   encroachments    on 
streets;    practice   and   issue   raised  <>n    en 

croachments 16^        i  1 S 

Fees  and  costs  of  such  issue i6f>        i  ii) 

Re\iew  of  proceedings  by  certiorari 167        120 

I'ower  of  common  council  as  to  improvements        16S        in 

Additional  tax  for  waitr  rents 85        K)^ 

Exchange  of  water  works  bonds 110       i\o 

Actual  notice  must  be  served  on  commissioner  of  dan- 
gerous condition  of  streets  to  maintain  action 461        yxz 

Written  notice  must  be  served  on  commissioner  of  par- 
ticular place  in  case  f>f  ice  or  snow  to  maintain  action.        4()i        y\2 
Affidavit   of    taxpayer    when    contractor  fails  on   |)ublic 

work  to  be  served  on  commissioner   4()5        ^iij 

Act    to    St  I'mi.v     Koihksikk    with 

ri  KK  .\NIi  W  IIUI.KSOMK  \\,\rKK    ...  —  41)7 

.\(T     At  THdRI/I.N'C      .\t;«Ji;iSITH»N     <IK 

LANDS  HIK  \V.\TKK   WORKS —         473 

Act  At!TU<)Ki/.iM;   konds  for    vdih 

TIONAI,  WATKR   SI   PPI.V 

Act  At  thori/inc  iuinhs  kor  watkr 

DLSTRIBITINC.   SVSTKM —  t^i 

.\CT  TO  PRoVIiiK  Ki»R    SANITAR\     I'Ko 
IK<  TION      OK     SOlRCKS     OK      \\  \TKR 

siri'1%    1 1 1 1  M 1 1 1<  k    I  \  k  i.   (  iiMMi-, 

SIONI 
A<'T   .\f  I  1(1  'K  1/  I  M.    K  I-  I   I    M  11  M.    \\    \  I  I-  k 

WORKS  LOAN    BONUS 

.\CTS  KXrKNDlNt;    WAIKK     MAINS     KK 

YOM)  CITY    I  IMirs    \S- 

QIJORUM  : 

Sec  Common  t  oi  ncii.. 


r)(iS  Indkx 

White  Charter  Old  Charter  Special  Laws 


RAILROADS:  s,.     Ia,;. 

See  SiKKK.r   K.Mi.WAVs. 

REBATES:  ^ 

.See  AssKssMKNi'  and  Taxa  i  ion. 

RECORDS: 

Of  coninioii  couiuil 13  2f> 

Of  ordinances 22  ^5 

Of  consultation  of  heads  of  depailnients 43  63 

Of  board  of  estimate  and  apportionment 97  84 

Of  board  of  contract  and  supply i  24  10  ^ 

Of  board  of  education 1 40I)  1 74 

Distribution  of,  to  taxpayers 472  32^ 

REDEMPTION  OF  LANDS  : 

vSee  AssESSMEN'r  and  Taxaiion. 

REPAIR  OF  STREETS  AND  SIDEWALKS: 

See   SiDFAVAI.KS;     STKKKIS. 

REPEAL: 

Of  laws  int:()n>isient  witli  W  hite  Charter 4S2  524 

White  Charter  does  not  repeal  consistent  laws 483  325 

Repealing  clause  Old  Charter —  336 

REPORTS : 

Heads  of  departments  to  make  annual,  to  mayor 462       31S 

Corporation  counsel  to  make  annual,  to  mayor 419       305 

AnNI'AI,     KINANCIAI,,    Tl)     SECRF/rAKY 

OF    STATE 347 

RESIGNATIONS: 

Of    city  officers    shall    be    made   to   comnidu 

council ■^\  44 

REVISED  STATUTES : 

Applying  t<j  jjolice  force 1  Si         1  2.S 

See   note —        1 2S 

REWARDS: 

Acr    At^TllORlZlNC    MAYOR  '['O    OKl'EK, 

FOR   AI'l'KEIIENSION    OF  CRIMINALS.  413 

RIVER    BRIDGES: 

See    Hridges. 

ROCHESTER      AND     GENESEE     VALLEY     RAILROAD 
COMPANY'S  STOCK: 

Act  Ai  I  iioRiziNc;  city  to  sei.i.  ...  —       414 


Index  569 

White  Charter  Old  Charter  Special  Laws 

ROCHESTHR,  CiU    of:  Sec    PAr.K 

Right    to   sue   and   be   sued;    seal;    to   hold. 

convey  and  mort}j;age  real  estate ^  2 

See  HoiNDAK  ii:s  ;   ("ii'V. 

ROCHESTHR  RAILWAY  COMPANY: 

See  SiE<KKi'   Railways. 


RULES 


Unard  of   estiniaie   nia\ make,  tor  iiearing  apjieals   from 

audit  of  coniptniller 65  72 

( )f  common  council 17  -') 

Of  commissioner  of  public  works  as  to  water  works 1  10  96 

( )f  commissioner  of  public  safety  as  to  police  department  1 76  1  26 
Of  commissioner  of  ])ul)lic  safety    as  lo  the    fire  depart- 
ment      -Ol  I ^^ 


( )f  commissioner  of  public  safety  as  to  health 
See  Okiunances. 

SALARIES: 

(  )f  aldermen 

Of  president  of  council 

( )f  mayor 

Of  comptroller 

( )f  treasiir.r 

( )f  city   orticers  and  employees  generally,  tixid  by  board 

of  estimate  and  aj^portionment 

( >f  deputy  health  oflicers  and  em])loyees 

Of  district   physicians 

Of  school  Commissioners 

<  )f  police  justice ' 

<  )f   judgis.  clerk    and    stenographers    of    the    municipal 

court 

Of  cor])oration  counsel  and  assistants.  .  . 

(  )f  lorpoiation  coun.sel  of  Rochester,  ste  note 

Of  su]>ervisors 

( »f  sealer  of  weights  and  nn-;isurt  > 


\  220        141 
I  22\         141 


K^ 

-5 

'j 

-5 

43 

6j 

61 

70 

7'» 

75 

yS 

St) 

-=3 

'4.> 

227 

•44 

"23 

'63 

-<)' 

262 

-54 

->>7 

('  1 

;^o.? 

>o5 

;o7 

',08 

SALE 


Ol'iilvreal   ot.ite  or  li.im  lu^.  1  ,  ^O 


SAVING  CLAUSE: 

(  •!    While  ('harttr 


.')7(i  Indkx 

White  Charter  Old  Charter  Special  Laws 


SCHOOL  LAW  OF  ROCHESTRR  : 

lioard  of  educalidii.  how  compusecl 

Removal  of  memlit-rs  by  mavor 

(General  duties  of  hoard 

Kstablishmeiit  of  schools  and  classt-s 

C!liangin<;  grades  and  cf)iuses  of  studv 

Fixing  cjiialifications  of  teachers 

Purchasing  school  ])roperty  and  supiilits.  .  .  . 
Appointment  of  officers 

(Secretary;  superintendent;  librarian;  su- 
]:)ervising  architect  ;  lirincijials  and  teach- 
t-rs :  janitors  and  truant  officers;  police- 
men ;  clerks  and  subortlinates.) 

Filling  vacancies 

Non-resident  pupils   

Adoption  of  ordinances  Ijy  board 

Regulating  salaries 

Annual  report  to  state  su]ierintendent   

Monthly  report  in  newspapers 

Annual  report  to  common  council 

Annual  estimate  to  common  council 

Annual  appropriation  of  school  moneys 

Common  council  to  certify  to  board  amount 

to  be  raised  for  school  purposes 

Apportionment    of    ai)propriation    for   school 

purposes  

Appropriations  not  to  be  exceeded 

Deficiencies  may  be  met 

School  moneys  in  custody  of  treasurer 

Construction     and     enlargement     of    school 

buildings 

J'oard    of     health     shall     apjirove     ])Ians    of 

buildings 

Contracts  for  work  and  supplies 

Members  of  board  not  to  hold   citv  otiice  nor 

be  interested  in  contracts 

Custody  of  school  libraries 

Duties  of  secretary;  minutes  of  the  board  .  . 

Qualifications  of  superintendent 

Powers  and  duties  of  superintendent 

Powers  of  principals 

Powers  of  librarian 

Duties  of  supervising  architect    

Duties  of  board  of  examiners 


PAia- 


1^3 

162 

124 

""M 

126 

164 

127 

I'M 

1-7 

if'^ 

1-^7 

165 

'  -7 

165 

1  -7 

i6r, 

1-7 

i6(. 

127 

.67 

127 

167 

12.S 

167 

129 

.67 

129a 

16S 

l.lO 

16.S 

'.1' 

i6u 

1.)- 

i6(, 

'34 
>3(^ 


>;v^ 


'3'^ 

1  72 

139 

'  7- 

140 

'73 

140a 
140b 

174 
■74 

140c 
i4od 

'75 
'75 

T4oe 
i4of 

'77 

'  / 1 

'40g 
i4oh 

^11 

177 

SEAL: 


SlA. 

Pa<;k 

1401 

17S 

I4OJ 

iSo 

140k 

IcSo 

I4OI 

iSo 

14011 

iSo 

Index  "jTI 

White  Charter  Old  Charter  Special  Laws 

SCHOOL  LAW  OF  ROCHESTER  :—(  ...uimicd 

<^ualihcations  of  ])rincipals 

Promotions  and  removals  of  principals 

Temporary  assignments 

Certain  teachers  exempt 

Suspension  and  removal  of  teachers 

Ordinances  as  to  school  property  may  be  re- 
ported to  council  by  board 141         iSi 

Common  council  may  pass  ordinances  as  to 
school  property 

Common  council  may  sell  school  property.  .  . 

Common  council  may  investigate  charge^ 
against  board  or  employees 

Title  to  school  pro])eriy  vests  in  city 

Public  schools  free 

Comptroller  shall  approve  claims  

Repeals 

When  law  in  effect 

Teachers'  class  in  free  academy 

SCHOOLS : 

Act  to  KMi'owi-.K   citv  m  aci.h  ikk 

LAN  OS    K<)R —  414 

Act        10       INCOKI'OKATK         rKACHKRS' 

RKLIKl"    SOCIKTY —         42O 

Acr  AITIIURI/,IN<;  KRKl  THIN     Nl».    3..  —         4JO 

Act  TO   I'ROVIIlK  KoR  CKRTAIN  <I.AIMS 

AC;AINST  HOARD  <)K  KtMCATIoN  ...  .  —         42I 

Ac"r    TO    AITIIORIZK     RAISINC     MUNKV 

KOR   DKKICIKNCIK.S   IN    !•  C  N  US  oK  .  .  .  .  —         4:1 

.\ci-    10   AcriiiiKr/i     KAisiN(;   monkv 

KOR  SI  IKS   KOR —         4^1 

A(  r  Ai  THoRiziNc  KRErrioN  NO.  I ::.  .         —       4^1 

.\i|       AC  riKlRlZINi;      F.RKCTION       NKW 

IIIC.II   S(  llool —  421 


141a 

iSi 

141b 

iSi 

I4K 

iSj 

I4id 

18.^ 

I4ie 

182 

Mif 

'«.^ 

2 

'S.l 

3 

■S3 

-«5 

'•\1 

<  )f  the-  city,  was  in  custody  of  citv  clerk,  under 

Old  Charter :S 

« )f    the    cit\ .     is     in    custody    of    mayor,    under    White 
I       -  ■  -' 

Charter (-  04 

Of  the   city,   shall   be   anne.xed   by  mayor   lo 

assessment  rolls 8<»       it|^ 


57  li  Indkx 

White  Charter  Old  Charter  Special  Laws 


SEALER  OF  WEIGHTS  AND  MEASURES:  Sir  Pa.k 

Appoinimeiit,  powers  and  duties  of 442  308 

111  the  city  of  Rochester,  see  note —  30S 

Shall  insi'Kct  in  ki.ii'  coal  scales 

MONTHLY I  53  551 

SECURITY  : 

See  HoNDS. 

SEWERS: 

Commissioner  of  public  works  lias  control  of 109  (^4 

Common  council  may  direct  construction  of 146  106 

Contract  for,  to  be  let  by  board  of  contract 147  107 

Cost  of  ccMistruction  of,  to  be  assessed  on  property  bene- 
fited   147  107 

Power  of  council  as  to  construction  of 161S  121 

Health  otficer  must  approve  plans  for 225  143 

At:T  P'OR  coNSTRrcrioN  ok  kast  sidk. 

TRUNK     —         422 

Act  FOR  CONSTRUCTION  OK  WKSr  SIDK 

TRUNK 431 

Acts    amkniuno    wKsr   sidk   trunk 

/  -    448 

Acr    i'ranskkrrinc.    I'owkrs    as    to 

WKS'r  SIDK    IRUXK.  TOTRKAhURER.  .  44S 

See    Common     Council;      Puhlk       Improvements; 
I'l  I'.l.ic    NN'oRKs.    l)epavtnit_nt  i)f 

SIDEWALKS: 

Cost  of  repair  to  be  a  lien  on  abutting   properly ioi>  94 

Xotice  of  repairs  to  be  served  on  owner id)         94 

Common  council  may  direct  re])air  of,  and  cleaning  snow. 

etc.,  from 1 46        107 

May  be  repaired  after  five  days  notice  by  city        2icS       317 
May  be  cleaned  of  snow,   ice  or  obstructions 

after  twelve  hours 2  iS       317 

City    may    collect     e.xpense    of    repairing    or 

cleaning 2 1 S       317 

See  AcrioNs;    Assessment  and    Taxation;    Puklic 
Works,    Dejjartmciit  of 

SINKING  FUND: 

("oniptroller  custodian  of 60  75 

Hoard  of  estimate  and  common   council   shall    ])rej.cribe 

rules  for  management  of 69  75 

Provisions  as  to 96  79 

General,  how  constituted 1 1 1  2 1 1 


Index  •''•' 

White  Charter  Old  Charter  Special  Laws 


SNOW  OR  ICE:  f^^-^-    ^'^'■"- 

Sce    AcriMONS;    SlKKEl'S. 

STREET  RAILWAYS: 

Shall   not   be  relieved  from   ohligalioiis  in   force M7        'O^ 

I N  I'ARKS -3        3*^6 

^  Acts  levying  asskssmknts  on  Koch- 

"^  ESTER  Railway  Company —       AS^ 

Act  authorizinc;  city  to  make 
contract  of  settlement  with 
Rt)CHKsrER  Railway  ("oMi'ANV.  .  .         —       AS^ 

STREETS : 

Ciade  and  name  of,  changed  by  common  council 30  41 

Kxpense  of  opening,  etc..  to  be  apportioned   34  4- 

Notice  to  abutting  owner  to  repair 109  ')4 

Power  of  commissioner  of  public   worUs  to  re])air,  clean, 

etc '°"  "-^ 

Contracts  for  lighting '  -3  '°- 

Separate  bids  for  each  kind  of  pavement 1-5  '03 

Majority  of  owners  representing  not  less  than  two-fifths 

frontage  mav  designate  kind  of  pavement 1  -5  104 

Common  council  shall  designate  pavement  if  owners  do 

not '-5  '°-* 

Contracts  for  jKiving,  to  be  let  to  lowest  bidder 125  104 

("ommissioner  of  public  works  has  control  of ^  ,q. 

Damages  arising  from  discontinuance  of,  to  be  approved 

by  board  of  estimate  '43        '°5 

Ordinance  discontinuing,  shall   be   by   thi.-e  fourths   vote 

of  council '43 

Abandoned    '44 

Ky   public    use '45 

Common  council  may  order  repairs,  etc.,  of 146 

Common  council  may  order  sprinkling  of '4^' 

Contracts  for  improving,  manner  of  letting 147 

K.xpense  of  imi)roving,  to  be  assesseil  on   properly  bene- 

tited '47 

Opening  of,  expen.se  to  be  borne  by  property  benefited.  .         i  )S 
Assessment  for  improvement  of,  shall  be  in  manner  pre- 
scribed by  existing  law '4'^ 

ComiTion    council    may   direct     commi.ssioner    of    public 

works  to  accpiire  land  for  opening  of  new '4'' 

Condemnation    proceedings   in  opening  of.    under   .Mst  • 

ing  laws '  4'> 

Duties  of  su]5erintendent  of ^'l 


Si:(.      1'a<.i 


'>~4  I\liK.\ 

White  Charter  Old  Charter  Special  Laws 

STREETS:— Continued 

Improvement  of 149  ioi> 

Powers  of  commissioner  of  public  works  over.  i  57  111 

i'roceedings  in  encroachments  on i  64  116 

Practice  when  issue  raised  on  encroachments.  175  iiS 

Fees  and  costs  on  trial  as  to  encroachments. .  166  119 

Review  of  j^roceedings  in  supreme  court 167  120 

I'ower  of  common  council    as  to  construction, 

opening  and  disconlinuaiu:e  of 16S  [21 

Contractors'  bonds  for  labor subdiv.  6  —  122 

Sprinkling  of subdiv.   7  —  124 

Opening  f)f,  costs  to  be  paid  to  city  treasurer 414  30? 

See  CuMMo.N"  Cot  ncii,  ;  Contract  and  Sii'im.y,  Hoard 
of;  Ptiii.ic  Works.  Department  of;  Sidewalks. 

STREET  SUPERINTENDENT: 

See  SiRKKTs. 

SUBWAYS: 

Sec  'rKi.i:(;K  \rii  and    Tki.ki'Udnk    1'oi.ks  a.\i>  Wikks. 

SUPERVISORS: 

Klection,  term,  powers  and  duties  of 432  307 

I'"il1iiig  vacancies  in  office  of,  see  note —  307 

Powers  luul  coni])ensation  of 52  307 

SURETY : 

See  Bon  i>s. 

TAXES: 

See  .\ssKssMiN  r  wn  TAXArioN. 

TAXPAYER: 

.\ny.  may  a])])eal  from  audit  of  comptroller 65  72 

Not  disciualified  to  act  as  juror,  etc 25S  301 

Not  dis(|iialified  to  act  as  judge,  witness  or  juror 460  31 1 

Mav  lia\e  citv  jDuljlications 472  323 

TELEGRAPH  AND  TELEPHONE  POLES  AND  WIRES: 

Power  of  council  to  regulate,  in  streets 

subdiv.  7  —  47 

(ontracls  involving   use  of,   in  public  streets,  dependent 

on  franchise 1 20       1 00 

City  cannot  force  telephone  wires  into  conduits  with  high 

tension  wires,  see  note —       316 

In    Parks 23       3.S7 


White  Charter  Old  Charter  Special  Laws 

TESTIMONY :  c 

WiliiLs>e>  not   excused   from   ttstifviiif;   hefon-    .onmx.n 

council,  committtes  or  officers ^5^        ji,^ 

TRFASURER: 

Shall  |)ay    hills   of    ofirtcial   newspajjers   on    coniptroll.  r's 

a"dii 2<,         40 

May  appeal  from  audit  of  comptroller 6;  7^ 

Shall  take  place  of  com|)trollcr  uixm    hearing   of  appeals 

from  audit  as  tf)  claims (,-         -^ 

Shall  not  pay  bills  unless  countersigned  by  comptroller. . 
Shall  present  to  comptroller  for  cancellation  bonds  paid . . 

Citizen  may  file  affidavit  with,  against  illegal  claim 

Klection.  term  and  salary  of 

.\ppoinlmeni  of  deputies  and  subordinates 

Vacancy  in  office  of 

Bonds  of  treasurer  and  deputies 

Office  hours  of 

Must  state  fund  against  which  check  or  draft  is  drawn. . 

Sh  ill  have  care  and  custody  of  all  city  moneys 

Interest   on  treasury  dejjosits  shall  belong  to  city 

No    money  shall    be   drawn   e.xcept   on  checks  or    drafis 

signed  by S;,  76 

Checks  and  drafis  of,  shall    be   countersigned    by  comj)- 

troller    «■•  "ft 

Shall  keep  a  separate  account  with  every  department.  .  .  S;?  76 

Shall  not  permit  any  fund  to  be  overdrawn,  or  draw  upon 

one  fund  to  pay  a  claim   chargeable  to  another .S^  76 

Shall     e.xhibil     books     lo    (omptioller    at    least    once    a 

month 

liank  aicounts  of 

Shall  report   to  complrollei    dai'v S; 

Duties  of,  may  be  prescribed  l)v  common  council    Sf, 

Shall  sit   temporarily  as  menibi  1    of   l>oard   of  estimai> 

when 

Shall  sign  levenue  lK)nds  .  .  . 

Shall   pay    bills  against    park    depaitment    on    audit     of 

comptroller 

Is  custodian  n(  all  schi>ol  moneys   .  .  . 
Shall  allow  deductions  and  charge  interest  on  taxe- 
Waii.ini  for  collection  of  taxes  to  be  delivered  to 

Warrants  drawn  on 

Deposit  of  city  money  by 

Check  must  specify  fund 

Check  must  be  countersigned 


"5 

/  .> 

65 

".> 

66 

7.) 

7') 

75 

7<y 

75 

7<) 

75 

So 

75 

.S2 

76 

•^,> 

7<'' 

■^.> 

76 

•^.1 

7f' 

S4 


.,(. 

~~ 

')<> 

Si 

1  1  1 

.,S 

'  ,»7 

'7^ 

j<)i 

.S5 

J  6 1 

1S5 

1  \2 

-I  > 

I  14 

J  14 

"5 

-M 

J 


oT'I  Inhkx 

White  Charter  Old  Charter  Special  Laws 

TREASURER  :— Continued  Sw  .    l'A.;r 

Shall  receive  fees  aiul  tines  from  pulicc  clerk    V)"^       -^5 

All  moneys  collected  on  behalf  of  the  city  to  be  paid  to .  .        ^19       305 
Shall  pay  compromised  claims  out  of  moneys  not    other- 
wise approjiriated   420       305 

Payment  of  ten    dollars  to.  for  printed  copies  of  reports, 

etc 47^        }-j 

Shall      receive      and     invest      Mount      Hope 

cemetery    moneys 76       34 1 

Shall    countersif^n    deeds    for     Mount     Hope 

cemeterv   lots 77       342 

Is     rRI   Sl'KK     irKK.     IlKI'AK  IMKNr     I'KN- 

Sll  >N     l"l  M ) I  361 

I                                                                SHAl.I.  SICN    I'\KK    ItONDS I  5  3S3 

I                                                                 Is    CtSTlJDlAN     PARK     MONEYS 26  389 

/                                                                 Is  TRl'SrKK    I'OI.ICK   I'KNSION    FIND...  I  390 

See      AssKSSMKNT     and     'Paxaiion;    Comi'i  R'Hi  kr  ; 
F-SITMATK    AND    A  I'l'c  iKIIc  >\  M  K.\  r.    I'oard   of 

TREES : 

I'AKK       liOAKD      SIIAI.I.       IIAVK       srPKR- 

VI.S1U.N  01 J4       3S7 

I  RIALS: 

See  CiiAKcKSAND  Trials. 

UNDERTAKING  : 

Sc-c-     I!<)NDS. 

\ ACANCY: 

In  ofhce  of  ])resident  of   the  common  co\incil  to  be  filled 

by  council 14  2(1 

In  office  of  alderman,  to  be  filled  by  common  council.  .  .  2~  30 

In  office  of  comptroller  to  be  filled  by  mayor 6r  70 

In  otilice  of  treasurer  to  be  filled  by  mayor 70         73 

In  office  of  commissioner  of  public  works  to  be  rilk-d  by 

mayor  within  ten  days 107         93 

In  office  of  city  engineer  to  be  filled  by  mayor 13;;        104 

In  office   {)f   commissioner   of  )jid>lic   safety   to  be  filled 

by  mayor  within  ten  days 174        i::5 

In  |iolice  force  to   be   filled   by   commissioner    of   public 

safety 1 7S        1 26 

In  police  force  to  be  filled  from  civil  service  list rSS        130 

In  office  of  health   officer  to  be    filled  bv  commissioner 

of  ]iul)lic   safety 22  I         142 


I  NDKX 

White  Charter  Old  Charter  Special  Laws 

VACANCY  :-  Continued 

In  ofitice  of  assessor  to  he  tilled  by  mayor 

In  office  of  police  justice  to  he  tilled  by  mayor 

In  office  of  municipal  lourt  judj{e  to  }ii:  filled 

by  mayor 

In  fffice  of  coiporation  counsel  to  l)e  filled  by  mayor.  .  .  . 
In  office  of  commissioner  of  charities  and   correction   to 

be  tilled  by  mayor 

In  office  of  supervisor,  see  nf)te 

VACATION  OF  ASSESSMENTS  : 

See   AssKssMi  Ni    ANii  Taxation. 


VETO 

von: 


WALKS 


Shi. 

Pack 

::(X3 

1S4 

.V)- 

-<">:> 

-44 

2S2 

4'.^ 

3o:> 

.>4-' 

M^ 

— 

;/>: 

Sec    M  WOK. 

Three-fourths,  to  remo\ e  city  clerk 15         -6 

Majority,    of  common    council     necessarv    to   |).i»  Midi 

nances 17         -'• 

Two-thirds,  to  appropriate  money i'>         .>o 

Two  thirds,  to  sell  or  lease  city  property  or  sell  franchise.  nj  ;o 

Three  fourths,  to  pass  over  mayor's  veto J I  V> 

Two-thirds,  to  rf{{ulate  powers  of  city  officers  and  depart- 
ments    -5  .>" 

Three-fourtiis.  tV>r  e.vpulsion  of  alderman 

.\ves  and  noes,  on  all  legislative  acts 

Two-thirds,  to  change  name  or  grade  of  street ... 

\'iva  voce,  for  appointments 

Of  estimate  and  apportionment,  by  ayes  and   noes 

Three-fourths,  to  disconliinu-  street 

Sum  \v  \  I  Ks 


-/ 

.v» 

:S 

.V> 

^0 

41 

.v> 

4-: 

•>7 

•S4 

4.1 

106 

WAKI)  BOUNDARIES: 

See  |{(tl  NI>\KIKs. 

WARRANTS: 

roliiemen  may  serve  in  .mv  part  of  state  i.Si         1  jS 

Shall  In-  served  by  policemen 1S2        1 2.S 

Mavbe  issued  on  informations  taken  liefore  jwlice  clerk  '■■>>        'Oi 
May  Ik.'  ser^'ed  by  peace  officers  or  |X)licem< 

ludges  of  municipal  court  may  issue  criminal .  --31        :'H 

Suits  upon  ordinances  may  l)e commenced  by  .  ;?8       3"' 

Constables  sh.ill  not  be  com|>elled  to  serve  3.^5 
Forcolleciion  of  taxes,  see  .Xssf.ssmkm  am»  Ta\\th>  - 


'u^  Indkx 

White  Charter  Old  Charter  Special  Laws 

VVATFR  WORKS  :  s«.    Pm.u 

Srf  rriii.ic  Works,  Dt.paitnitnl  nf 

WEIGHTS  AND  MEASURES  : 

See  Skai.kk  of  Wkic.hts  ANn  Mkasirks. 

VVHITH    CHARTER: 

Ri']iea]ing  clause  of 482  324 

Saving  clause  of 48^  325 

When  in  effect 495  326 

When  act  applies   1  i 

WIRES: 

See    'rKl.EC.KAI'll    AND    Tf.I.I- I'l  lONli    I'uI.ES    AND    WlKKS. 

WITNESSES: 

May  be  siibpcena.'d  by  common  council  or  committees  .  .           2S  37 

May  be  examined  by  mayor 48  64 

Commissioner  of  public  safety   may  compel   attendance     fi84  129 

of ^  204  1 36 

U30        145 

Taxpayers  not  disqualified  to  act  as 460        31 1 

May  be  recpiired  to   testify 464        319 

WORDS  : 

( 'iiiisinuliiin  of,  in  \\  lute   Charter 47-5        324 

('(instruction  of,  in  Old  Charter —         -536 


M  'V,  LUS    ''       ■Tt'  H> 


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p.    ocnri'ifi    '.  iRRARt'  '  .'•i 


AA    000  994  548    6 


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